V 


\ 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/charterordinanceOOsyra 


AND 

OKDIISlAiSlCES 


OF  THE 

City  of  Syracuse,  N.Y. 

As  Revised  in  1885,  and  as  Amended  from  1885  to  1893 
INCEUSIVE, 


TOOETHEK  with 


SPECIAL  LPXIISLATIVE  ENACTMENTS  AEFECTING 
THE  CITY  OK  SYRACUSE. 


SUPPLEMENT  EOR  1894. 


SYKACUSlv,  N.  Y.; 

E.  M.  GKOVEK,  KKINTEK  AND  HINDER. 


OF'F'ICERS 


OF  THE 

City  Government, 

From  its  Organization  to  the  Present  Time. 


Act  of  Incorporation  Passed  Dec.  14,  1847. 


1848. 

Mayor— UARYUY  BALDWIN. 

Ci/y  Clerk — Richard  A.  Yoe. 

City  Treasurer — PERRY  Burdick. 

City  Surveyor — BENJAMIN  F.  GrEEN. 

Alder7nen. 

I.  Elizur  Clark,  Janies  Lynch. 

II.  John  B.  Burnet,  Alexander  McKinstry. 

III.  Gardner  Lawrence,  William  H.  Alexander. 

IV.  Robert  Furman,  Henry  W.  Durnford. 


4 


CITY  GOVERNMENT  OF 


1849. 

Mayor— UhlAS  W.  LEAVENWORTH. 
City  Clerk — S.  Corning  Judd. 

City  Treasurer — Harmon  W.  Van  Buren. 
City  Surveyor — Joseph  M.  Trowbridge. 


Aldermen. 

I.  James  Lynch,  Thomas  Feagan. 

(Resigned  February  26th,  1850.) 

John  P.* Babcock, 

(Appointed  by  Common  Council  to  fill  vacancy.) 

II.  Alexander  McKinstry,  Silas  Titus. 

III.  Gardner  Lawrence,  Amos  Westcott. 

IV.  Henry  W.  Durnford,  Edward  B.  Wicks. 


1850. 

ALFRED  H.  HOVEY. 

City  Clerk — LeRoy  L.  Alexander. 

City  Treasurer — Harvey  Hathaway. 
City  Surveyor — Joseph  M.  Trowbridge. 


Aldermeii. 

I.  John  P.  Babcock,  Miles  W.  Bennett. 

II.  Silas  Titus,  George  W.  Herrick. 

HI.  Amos  Westcott,  John  W.  Barker.  \ 

IV.  Edward  B.  Wicks,  Henry  D.  Hatch. 


THE  CITY  OF  SYRACUSE. 


1851. 

J/ajw— MOSES  D.  BURNET. 

(Elected  but  declined  to  qualify.) 

HORACE  WHEATON. 

(Appointed  by  Common  Council.) 

City  Clerk — LeRoy  L.  Alexander. 

City  Treasurer — James  A.  CastlE. 

City  Surveyor — Benjamin  F.  Green. 

Aldervieii. 

I.  Miles  W.  Bennett,  Burr  Burton. 

II.  George  W.  Herrick,  James  M.  Taylor. 

III.  John  W.  Barker,  Volney  Green. 

(Removed  from  Ward.) 

Benjamin  L.  Higgins. 

(Elected  to  fill  vacancy.) 

IV.  Henry  D.  Hatch,  Charles  Pope. 


1852. 

Mayor— C.  WOODRUFF. 

City  Clerk — UeRoy  L.  Alexander. 

City  Treasurer — Jacob  S.  Smith. 

City  Surveyor — Benjamin  P".  Green. 

A I (ter  men. 

I.  Burr  Burton,  Alonzo  Crippen. 

H.  Daniel  O.  Salmon,  Harmon  Ackerman. 
HI.  Volney  Green,  Addison  G.  Williams. 
IV.  Charles  Pope,  Oliver  T.  Burt. 


6 


CITY  GOVERNMENT  OF 


1853- 

DENNIS  McCarthy. 

City  Clerk — EeRoy  E.  Alexander. 
City  Treasurer — John  M.  Jaycox. 
City  Surveyor — Benjamin  F.  Green. 


Alderuien . 

I.  Alonzo  Crippen,  Patrick  Cooney. 

II.  Daniel  O.  Salmon,  Alexander  McKinstry. 

III.  Addison  G.  Williams,  John  A.  Clarke. 

IV.  Oliver  T.  Burt,  George  J.  Gardner. 

1854 

Mayor— MUNROE. 

City  Clerk — Carroll  E.  Smith. 

City  Treasurer — S.  HervEY  Slosson. 

City  Surveyor — John  F.  Kidder. 

Aldermen . 

I.  Patrick  Cooney,  Richard  Sanger. 

II.  Peter  Ohneth,  Jacob  Pfohl. 

III.  Alexander  McKinstry,  Solomon  Wands. 

IV.  Peter  Featherly,  Francis  A.  Thayer. 

V.  William  B.  Durkee,  Z.  Eawrence  Beebe. 

VI.  John  A.  Clarke,  Timothy  Hough. 

VII.  William  C.  Young,  Robert  M.  Richardson. 

VIII.  George  J.  Gardner,  Tobias  Van  Dusen. 


THE  CITY  OF  SYRACUSE. 


7 


1855. 

LYMAN  STEVENS. 

City  Clerk — Carrole  E.  Smith. 

City  Treasurer — S.  HervEY  Seosson. 

City  Surveyor — John  F.  Kidder. 

Alderitien. 

I.  Richard  Sanger,  Timothy  R.  Porter. 

II.  Jacob  Pfohl,  Peter  Ohneth. 

III.  Soloman  Wands,  Manly  T.  Hilliard. 

IV.  Francis  A.  Thayer,  William  Kirkpatrick. 

V.  Z.  Lawrence  Beebe,  Vernam  C.  James. 

VI.  Timothy  Hough,  Charles  H.  Wells. 

VII.  Robert  M.  Richardson,  Horatio  N.  White. 
VHI.  Tobias  Van  Deusen,  Elijah  M.  Ford. 

1856. 

CHARLES  F.  WILLISTON. 

City  Clerk — Carroee  E.  Smith. 

City  Treasurer — Edgar  Marvin. 

City  Surveyor — Benjamin  F.  GreEn. 

Aldermen . 

I.  Timothy  R.  Porter,  Coddington  B.  Williams. 
II.  Peter  Ohneth,  Peter  Conrad. 

HI.  Manly  T.  Hilliard,  Charles  Manahan. 

IV.  William  Kirkpatrick,  George  Sanford. 

V.  Vernam  C.  James,  William  B.  Durkee. 

VI.  Henry  Church,  Amos  B.  Hough. 

VII.  Horatio  N.  White,  Francis  A.  Marsh. 

VHI.  James  L.  Bagg,  Norman  Watson. 


8 


CITY  GOVERNMENT  OF 


1857. 

Mayor— CUARhUS  F.  WILUSTON. 

Ci'^y  Clerk — James  S.  Gileespie. 

City  Treasurer — Horace  Wheaton. 

City  Surveyor — Daniel  Richmond. 

Aldermen. 

I.  Coddington  B.  Williams,  Patrick  Cooney. 

II.  Peter  Conrad,  Cornelius  L.  Alvord. 

III.  Charles  Manahan,  John  Ritchie. 

IV.  George  Sanford,  William  Kirkpatrick. 

V.  John  C.  Manly,  John  J.  Mowry. 

(To  fill  vacancy. ) 

VI.  Amos  B.  Hough,  Henry  Church. 

VH.  Francis  A.  Marsh,  John  Radigan. 

VHI.  Norman  Watson,  Samuel  J.  Fackey. 

^ 1858. 

Mayor— WICIAAU  WINTON. 

* 

City  Clerk — James  S.  Gileespie. 

City  Treasurer — HORACE  WhEATON. 

City  Surveyor — John  F.  Kidder. 


Alder7}ie)i. 


I.  Patrick  Cooney. 
H.  Frederick  Gilbert. 
HI.  Charles  Manahan. 
IV.  James  Johnson. 


V.  Abiah  P.  Doane. 

VI.  John  F.  Cook. 

VH.  Robert  M.  Richardson. 
VHI.  Samuel  J.  Fackey. 


THE  CITY  OF  SYRACUSE. 


1859- 

Mayor— mj-AS  W.  LEAVENWORTH. 

Ctiy  Clerk — Edgar  S.  Mathkws. 

City  Treasurer — Norman  Otis 
City  Surveyor — John  F.  Kidder. 

Aldermeit. 

I.  Harvey  Hathaway.  V.  David  Field. 

II.  Adam  Eistman.  VI.  Charles  P.  Clark. 

III.  Samuel  P.  Geer.  VII.  Jason  S.  Hoyt. 

IV.  Luke  Collins.  VIII.  Austin  Myers, 


i860. 

Mayor— KUOS  WESTCOTT. 

City  Clerk — Edgar  S.  Mathews. 

City  Treasurer — John  G.  K.  Truair. 
City  Surveyor — John  F.  KiddeR. 


Aldermen . 


I.  Harvey  Hathaway. 

II.  Adam  Eistman. 

III.  Samuel  P.  Geer. 

IV.  Euke  Collins. 


V.  David  Field. 

VI.  Charles  P.  Clark. 

VII.  Horatio  N.  White. 

VIII.  Samuel  J.  Eackey. 


1861. 

Mayor— CHARL'ES  ANDREWS. 

City  Clerk — Edgar  S.  Mathews. 

City  Treasurer — John  G.  K.  Truair. 
City  Surveyor— D.  BORDEN. 


CITY  GOVERNMENT  OF 


Aldermen. 


I.  Garrett  Doyle. 

II.  Jacob  Pfohl. 

III.  Samuel  P.  Geer. 

IV.  Horatio  G.  Glen. 


V.  David  Field. 

VI.  Moses  Summers. 

VII.  Horatio  N.  White. 

VIII.  Ira  Seymour. 


1862. 

CHARLES  ANDREWS. 
City  Clerk — Edgar  S.  Mathews. 

City  Treasurer — John  G.  K.  Truair. 
City  Surveyor — BENJAMIN  F.  GrEEN. 


Aldermen. 


I.  Garrett  Doyle. 

II.  Benedict  Haberle. 
HI.  Samuel  P.  Geer. 

IV.  William  Summers. 


V.  Josiah  Bettis. 

VI.  Charles  P.  Clark. 

VII.  Horatio  N.  White 

VIII.  Ira  Seymour. 


1863. 

Mayor— BOOKSTAVER. 
City  Clerk — Robert  M.  Beecher. 
City  Treasurer — Daniel  J.  Halsted. 
City  Surveyor — James  Burke. 


Aldermen. 


I.  Franklin  Ward. 

II.  Charles  Meebold. 

HI.  Francis  H.  Kennedy. 

IV.  Luke  Collins. 


V.  Jacob  Pinkerton. 

VI.  Francis  E.  Carroll. 

VII.  Parley  Bassett. 

VIII.  George  J.  Gardner. 


THE  CITY  OF  SYRACUSE. 


I r 


1864. 

Mayor— C.  POWELL. 
City  Clerk — Edward  H.  Brown. 

City  Treasurer — John  G.  K.  Truair. 

City  Surveyor — H.  WADSWORTH  Clarke. 


Aldermen. 


I.  Franklin  Ward. 

II.  Charles  F.  Wisehoon. 

III.  Jacobus  Bruyn. 

IV.  Horatio  G.  Glen. 


V.  Josiah  Bettis. 

VI.  Alfred  Higgins. 

VII.  John  J.  Crouse. 

VIH.  Philander  W.  Hudson. 


1865. 

Mayor— WICCIAU  D.  STEWART. 
City  Clerk — Edward  H.  Brown. 

City  Treasurer — John  G.  K.  Truair. 
City  Surveyor — Henry  F.  Greene. 


Aldermen . 


I.  Peter  Mackin. 

H.  Charles  F.  Wisehoon. 
HI.  Jacobus  Bruyn. 

IV.  Charles  Stroh. 


V.  Anson  A.  Sweet. 

VI.  Alfred  Higgins. 

VII.  John  J.  Crouse. 

VIII.  James  Bonner. 


1866. 

Mayor— WILLIAM  D.  STEWART. 

City  Clerk — Edgar  S.  Mathews. 

City  Treasurer — MosES  SUMMERS. 

City  Surveyor — H.  Wadsworth  Cuarke. 


12 


CITY  GOVERNMENT  OF 


Aldermen. 


I.  Peter  Mackin. 

II.  John  Graff. 

III.  Edmund  B.  Griswold. 
*IV.  Charles  Stroh. 


V.  David  Field. 

VI.  Alfred  Higgins. 

VII.  Joseph  E.  Masters. 

VIII.  Robert  Hewitt. 


1867. 

Mayor— D.  STEWART. 
City  CAr/C'— Edgar  S.  Mathews- 
City  Treasurer — Charees  J.  Foote. 
City  Surveyor — HAMILTON  D.  BORDEN. 


A ider7?ien. 


I.  Samuel  Kent. 
II.  John  Graff. 

III.  Jacobus  Bruyn 

IV.  David  Wilcox. 


V.  Horatio  G.  Glen. 

VI.  Richard  W.  Jones. 

VII.  Miles  Handwright. 

VIII.  Robert  Hewitt. 


1868. 

—CHARLES  ANDREWS. 

City  Clerk — Edgar  S.  Mathews. 

City  Treasurer — Thomas  S.  Truair. 

City  Surveyor — H.  WADSWORTH  ClarkE. 


Aldermen. 


I.  John  McKee ver. 

II.  John  Hirsch. 

III.  Jacobus  Bruyn. 

IV.  Nicholas  Grumbach. 


V.  John  Stedman. 

VI.  Richard  W.  Jones. 

VII.  Benjamin  L.  Higgins. 

VIII.  James  Pinkerton. 


\ 


THE  CITY  OF  SYRACUSE. 


13 


1869. 

CHARLES  P.  CLARK. 

Ci/y  C/erk—'E'DGAK  S.  MatheWS. 

Ci/y  Treasurer — ThOMAS  S.  Truair. 

City  Surveyor—  H.  Wadsworth  Clarke. 


Alder?nen. 


I.  Samuel  Kent. 

II.  Peter  Miller. 

III.  William  H.  Austin. 

IV.  Nicholas  Grumbach. 


V.  Horatio  G.  Glen. 

VI.  Alfred  Higgins. 

VII.  Jacob  Levi. 

VIII.  James  Pinkerton. 


1870. 

Mayor- CUARhUS  P.  CLARK. 
City  Clerk — Samuel  W.  Sherlock. 
City  Treasurer — Parley  BassETT. 
City  Surveyor — William  Burke. 


A Idermeu. 

I.  John  McGuire. 

II.  Maximilian  Blust. 

HI.  Martin  Smith. 

IV.  William  Phillipson. 


V.  Christopher  C.  Bradley. 
VI.  Samuel  IL  Kingsley. 
VII.  Jacob  Levi. 

VIII.  George  Draper. 


1871. 

Mayor— FRAISCIS  E.  CARROLL. 
City  Clerk — SamuEL  W.  SheRLOCk. 
City  Treasurer — PARLEY  BassETT. 
City  Surveyor — WiLLlAM  BurkE. 


14 


CITY  GOVERNMENT  OF 


Alde7'7nen . 


I.  John  McGuire. 

II.  Jacob  Knapp. 

III.  Alfred  A.  Hewlett. 

IV.  William  Phillipson. 

V.  Christopher  C.  Bradley. 
VI.  Thomas  Nesdall. 

VII.  Jacob  Levi. 

VIII.  Thomas  G.  Bassett. 

1872. 

Mayor— 'FRAIS^ CIS  E.  CARROLL. 
CAy  Clerk — Samuel  W.  Sherlock 
City  Treasiirer — Parley  BasseTT. 
City  Surveyor — John  B.  Borden. 

Alder7nen. 


I.  John  McGuire. 

II.  John  Demong 

V.  Jacob  Pinkerton. 

VI.  Thomas  Nesdall. 

III.  Richard  Clancy. 

VII.  William  Cahill. 

IV.  John  Kohl. 

VIII.  E.  Austin  Barnes. 

1873. 

Mayor— MJICIAA.U  J.  WALLACE. 
City  Clerk — Samuel  W.  Sherlock. 
City  Treas7trer — Parley  Bassett. 
City  Surveyor — John  B.  Borden. 

Alder77ie7i . 


I.  John  Cawley. 

11.  John  Demong. 

III.  Richard  Clancy. 

V.  John  H.  Horton. 

VI.  John  R.  Whitlock. 

VH.  William  Cahill. 

IV.  John  Kohl. 

VI H.  George  J.  Gardner. 

THE  CITY  OF  SYRACUSE. 


3 


1874. 

NATHAN  F.  GRAVES. 

City  Clerk — Samuel  W.  Sherlock. 

City  Treasiu'er — Parley  Bassett. 

City  Surveyor — John  B.  Borden. 

Aldermen. 

I.  John  Cawley.  V.  John  D.  Gray. 

II.  John  Demong.  VI.  John  R.  Whitlock. 

III.  Richard  Clancy.  VII.  William  Cahill. 

IV.  William  Kirkpatrick.  VIII.  James  L.  Hill. 

1875- 

GEORGE  P.  HIER. 

City  Clerk — Eyman  C.  Dorwin. 

City  Treasurer — Albert  E.  Bridgeman. 

City  Surveyor — P^dson  E.  Euddington. 

Aldermen. 

I.  Jeremiah  F.  Barnes.  V.  William  Dickison. 

II.  Adam  Filsinger.  VI.  Alfred  Higgins. 

III.  Austin  C.  Wood.  VII.  Albert  M.  Morse. 

IV.  Thomas  Ryan.  VUI.  Janies  E.  Hill. 

1876. 

Mayor— JOHN  J.  CROUSE. 

City  Clerk — Eyman  C.  Dorwin. 

City  Treasurer — James  B.  Rae. 

City  Survey 0} — Dennison  Richmond. 


6 


CITY  GOVERNMENT  OF 


Aldermen. 


I.  John  Harvey. 

II.  John  Demong. 

III.  Timothy  Sullivan. 

IV.  Thomas  Ryan. 


V.  Samuel  Taylor. 

VI.  Alfred  Higgins. 

VII.  Albert  M.  Morse- 

VIII.  Riley  V.  Miller. 


1877. 

JAMES  J.  BEEDEN. 

City  Clerk — Eyman  C.  Dorwin. 

City  Stiles  M.  Rust. 

City  Surveyor — Howard  Soule,  Jr. 

A Idermen . 

I.  Jeremiah  F.  Barnes.  V.  A.  Clarke  Baum. 

H.  John  Listman.  VI.  Alfred  Higgins. 

III.  Timothy  Sullivan.  VH.  Albert  M.  Morse. 

IV.  J.  Emmet  Wells.  VIII.  Jacob  Crouse. 

1878. 

Mayor— JAMES  J.  BEEDEN. 

City  Clerk — Eyman  C.  Dorwin. 

City  Treasurer — StilES  M.  Rust. 

City  Surveyor — Howard  Soule,  Jr. 


Aldermen. 


I.  John  Harvey. 

H.  Philip  Schaefer. 
HI.  Timothy  Sullivan. 
IV.  J.  Emmet  Wells. 


V.  Pierce  B.  Bray  ton. 

VI.  Alfred  Higgins. 

VII.  Thomas  McCarthy. 

VIII.  Dennis  M.  Kennedy. 


THE  CITY  OF  SYRACUSE. 


17 


1879. 

Mayor— IRYING  G.  VANN. 

OVjF  C/erk — Lyman  C.  Dorwin. 

Ci^y  Treasurer — Timothy  Sullivan. 
City  Surveyor — Edson  E.  Luddington. 


Aldermen. 


I.  Andrew  Martin. 

II.  Joseph  Walier. 

III.  Anthony  S.  Webb. 

IV.  Charles  Schlosser. 


V.  Charles  Hubbard. 

VI.  Daniel  Candee. 

VII.  Dennis  B.  Keeler. 

VIII.  Luther  S.  Merrick, 


1880. 


Mayor— FRANCIS  HENDRICKS. 

City  Clerk — Lyman  C.  Dorwin. 

City  Treasurer — Timothy  Sullivan. 
City  Surveyor — Edson  L.  Luddington. 


A Idertnen. 


I.  Andrew  Martin. 

II.  Joseph  Walier. 

III.  Anthony  S.  Webb. 

IV.  Charles  Schlosser. 


V.  Greene  W.  Ingalls. 

VI.  Daniel  Candee. 

VII.  William  Cahill. 

VIII.  Luther  S.  Merrick. 


1881. 

,I/^^^;-_FrANCIS  HENDRICKS. 

City  Clerk — Lyman  C.  Dorwin. 

City  Treasurer — Timothy  Sullivan. 
City  Surveyor — Edson  L.  Luddington. 


•4 


i8 


CITY  GOVERNMENT  OF 


Aldermen. 


I.  Frederick  Beley. 

II.  Jacob  Eichenlaub. 

III.  Anthony  S.  Webb. 

IV.  James  Finegan. 


V.  Richard  Tremaine. 

VI.  Willis  B.  Burns. 

VII.  John  Bedford. 

VIII.  Father  S.  Merrick. 


1882. 

Majnr— JOHN  DEMONG. 

CAy  Eyman  C.  Dorwin. 

Oly  Treasurer — Timothy  Suttivan. 
City  Surveyor — Edson  E.  Euddington. 


Aldermen. 


I.  Frederick  Beley. 

II.  Jacob  Eichenlaub. 

III.  Anthony  S.  Webb. 

IV.  James  Finegan. 


V.  Richard  Tremaine. 

VI.  Willis  B.  Burns. 

VII.  John  Bedford. 

VIII.  Euther  S.  Merrick. 


1883. 


J/^J^.^;^_THOMAS  RYAN. 

City  Clerk — Eyman  C.  Dorwin. 
City  Treasurer — CharrKS  J.  Rak. 
City  Surveyor — John  B.  Borden. 


Aldermen. 


I.  Frederick  Beley. 

II.  Jacob  Eichenlaub, 

III.  Frank  Matty. 

IV.  J.  Emmet  Wells. 


V.  John  C.  Keeffe. 

VI.  Charles  E.  Candee. 

VII.  Thomas  McManus. 

VIII.  Euther  S.  Merrick. 


THE  CITY  OF  SYRACUSE. 


19 


1884. 

Mayor— THOMAS  RYAN. 

Ci^y  Clerk — Henry  W.  Bannister. 
City  Treasicrer — Charles  J.  Rae. 
City  Surveyor — Thomas  GoodseLL. 


A Idermen. 


I.  Hoyt  H.  Freeman. 
H.  Charles  Ristman. 
HI.  Frank  Matty. 

IV.  Frederick  Schwarz. 


V.  William  J.  Gillett. 

VI.  Charles  E.  Candee. 
VH.  Thomas  McManus. 
VHI.  James  B.  Brooks. 


1885. 

Mayor— THOMAS  RYAN. 

City  Clerk — Henry  W.  Bannister. 

City  Treasurer — CiiARLES  J.  Rae. 

City  Surveyor — John  B.  Borden. 

Alderuieu, 

V.  John  G.  Glazier. 

VI.  Cliarles  E.  Candee. 
VH.  Thomas  McManus. 
VIII.  Terrence  D.  Wilkin 

1886. 

Mayor—WlChlS  B.  BURNS. 

City  Clerk — Henry  W.  BannIvSTER. 

City  Treasurer — MlCllAEL  WilELAN. 

City  Surveyor — Wm.  H.  H.  GerE. 


I.  John  Leahey. 

H.  Charles  Listman. 
HI.  James  Downey. 
IV.  Philip  Goettel. 


20 


CITY  GOVERNMENT  OE 


Alderjfien. 


I.  John  Leahey. 

II.  Charles  Listman. 

III.  James  Downey. 

IV.  Jacob  Galster. 


‘ V.  Charles  S.  Haskins. 

VI.  Charles  E.  Candee. 

VII.  Peter  E.  Garlick. 

VIII.  Joseph  W.  Young. 


1887. 


Mayor— WllAAS  B.  BURNS. 

City  Clerk — Henry  W.  Bannister. 
City  Treasurer — Michaee  WheLAN. 
City  Engineer — Wm.  H.  H.  GerE. 


A Idermen. 


I.  John  Eeahey. 

II.  Charles  Eistman. 
HI.  Patrick  R.  Quinlan. 

IV.  Jacob  Galster. 

V.  Charles  C.  Uott. 

VI.  Charles  ly.  Candee. 


VII.  Peter  E.  Garlick. 
VHI.  Joseph  W.  Young. 

IX.  Frank  M.  Sweet. 

X.  J.  Phelps  Shumway. 

XI.  John  McEennan. 


1888. 

j/^v^;__WIEEIAM  B.  KIRK. 

City  Clerk — Henry  W.  Bannister. 
City  Treasurer — MichaEE  WhELAN. 
City  Engineer — John  B.  Borden. 


THE  CITY  OF  SYRACUSE. 


2 I 


A Iderffien. 


I.  John  Leahey. 

II.  Peter  Snavely. 

III.  Patrick  R.  Quinlan. 

IV.  James  Finegan. 

V.  Charles  C.  Lott. 

VI.  Charles  E.  Candee. 


VII.  Peter  E.  Garlick. 

VIII.  C.  Eugene  Seager, 

IX.  Frank  M.  Sweet. 

X.  Tohn  Scanlon. 

XI.  John  McLennan. 


1889. 

Mayor— B.  KIRK. 

City  Clerk — Henry  W.  BannIvSTER. 

City  Treasurer — Benjamin  W.  Roscoe. 
City  Engineer — John  B.  Borden. 


Aldermen. 


I.  Thomas  Small. 

II.  Peter  Snavely. 

III.  Frank  Matty. 

IV.  James  Finegan. 

V.  Terrence  D.  Wilkin. 

VI.  Charles  E.  Candee. 


VII.  Michael  I).  McAuliffe. 
\"III.  C.  Eugene  Seager. 

IX.  lulward  M.  Klock. 

X.  John  vScanlon. 

XI.  John  McLennan. 


1890. 

WILLIAM  COWIE. 

City  Clerk — Henry  F.  Stephens. 

City  Treasurer — Benjamin  W.  Roscoe. 
City  Engineer — Hp:nry  C.  AelEN. 


22 


CITY  GOVERNMENT  OF 


Aldermen. 


I.  Thomas  Small. 

II.  Andrew  Zinsmeister. 

III.  Frank  Matty. 

IV.  Benjamin  Stephenson 

V.  Terrence  D.  Wilkin. 

VI.  Charles  E.  Candee. 


VII.  Michael  D.  McAuliffe. 

VIII.  Charles  F.  Ayling. 

IX.  Edward  M.  Klock. 

X.  Michael  O’Neill. 

XI.  John  McLennan. 


1891. 

j/wr— william  COWIE. 

City  Clerk — Hknry  F.  Stephens. 

City  Treasurer W.  RoscoE. 
City  Engineer — Henry  C.  AllEn. 


Aldermen . 


I.  John  Leahey. 

II.  Andrew  Zinsmeister. 
HI.  Frank  Matty. 

IV.  Benjamin  Stephenson. 

V.  Peter  J.  Mack. 

VI.  Charles  E.  Candee. 

VI I .  John  J.  Murray. 


VIII.  Thomas  Merriam. 

IX.  Philip  G.  Brown. 

X.  Thomas  McCarthy. 

XI.  Fred.  A.  M.  Ball. 

XII.  Edward  C.  Smith. 

XIII.  Leonard  S.  Hamson. 

XIV.  John  S.  Carter. 


1892. 

Mayor— AMOS. 

City  Clerk — Henry  F.  Stephens. 

City  Treasurer — PATRICK  R.  QuiNEAN. 
City  Engineer — Henry  C.  AllEN. 


THE  CITY  OF  SYRACUSE. 


23 


Alder  77ien. 


I.  John  Leahey, 

II.  Andrew  Zinsmeister. 

III.  Frank  Matty. 

IV.  Benjamin  Stephenson. 

V.  Peter  J.  Mack. 

VI.  Robert  C.  McClure. 

VII.  John  J.  Murray. 


VIII.  Eugene  J.  Mack. 

IX.  Philip  G.  Brown. 

X.  William  J.  Nairn. 

XI.  Fred  A.  M.  Ball. 

XII.  Jay  B.  Kline. 

XIII.  Leonard  S.  Hamson. 

XIV.  John  A.  Tholens. 


1893. 


Mayo7^—]KQ,0^  AMOS. 

City  Clerk — Henry  F.  Stephens. 

City  Treasurer — Patrick  R.  Quintan. 
City  ETigiTieer — Henry  C.  Aeeen., 


Alder77ie77. 


I.  John  Leahey. 

H.  Andrew  Zinsmeister. 
HI.  Frank  Matty. 

IV.  Benjamin  Stephenson. 

V.  Peter  J.  Mack. 

VI.  Robert  C.  McClure. 
VH.  George  Freeman. 
VHI.  Eugene  J.  Mack. 

IX.  George  A.  Ball. 

X.  William  J.  Nairn. 


XI.  Robert  Ballard. 

XII.  Jay  B.  Kline. 

XIII.  Leonard  S.  Hamson. 

XIV.  John  A.  Tholens. 

XV.  John  Regan. 

XVI.  Frederick  A.  Schuck. 
XVH.  Patrick  J.  McMahon. 
XVHI.  Otto  A.  Thomas. 
XIX.  John  J.  Murray. 


\ 


THE  REVISED  CHARTER 

OF  THE 

CITY  OF  SYRACUSE. 


PASSED  FEBRUARY  21.  1885, 

AND  AS  AMENDED  BY  THE  SEVERAL  AMENDMENTS  FROM  1885  TO  1893  INCLUSIVE. 
SUBSEQUENT  AMENDMENTS  OF  SECTIONS  AND  SUB-DIVISIONS 
INDICATED  BY  REFERENCES  ATTACHED  THERETO. 


TITLE  I. 

BOUNDARIES  AND  CIVIL  DIVISIONS. 

Section  i . The  citizens  of  this  State  from  time  to  Corporate 

Name. 

time  inhabitants  of  that  portion  of  the  territory  of  this 
State  heretofore  known  as  the  city  of  Syracuse,  shall 
continue  to  be  a body  politic  and  corporate  by  the 
name  of  “The  City  of  Syracu.se,’’  and  in  that  name 
may  sue  and  be  sued,  complain  and  defend  in  any 
court,  make  and  use  a common  .seal,  and  alter  it  at 
pleasure,  and  may  receive  by  gift,  grant,  devise,  beque.st 
or  purchase,  and  hold  and  convey,  such  real  or  personal 
e.state  as  the  purposes  of  the  corporation  may  require. 

^ 2.  All  the  real  estate  and  personal  property  now 
owned  or  po.s.se.ssed  by  or  held  in  the  name  of  the  city 
of  Syracuse,  or  in  trust  for  the  mayor  and  common 
council  of  the  city  of  Syracu.se,  are  hereby  vested  in 
“The  City  of  Syracuse,’’  with  power  to  hold  or  con- 


26 


REVISED  CHARTER  OF 


Control  of  City  vey  the  Same  as  the  purposes  of  said  corparation  may 
require.  The  said  corporation  shall  also  have  the 
powers  and  privileges  conferred  by  the  statutes  of  this 
State  upon  corporations  as  well  as  those  conferred  by 
this  act,  which  shall  be  known  as  ‘ ‘ The  Revised  Char- 
ter of  the  City  of  Syracuse.” 

§ 3."^  The  boundaries  of  said  city  shall  be  as  follows: 
Beginning  at  the  northeast  corner  of  the  Onondaga  Salt 
Springs  Reservation  and  the  southeast  corner  of  lot 
number  twenty-eight  of  the  military  township  of  Man- 
lius, and  running  thence  westerly  along  the  north  line 
of  said  Salt  Springs  Reservation  to  the  southeast  corner 
of  Woodlawn  cemetery  ; thence  northerly,  westerly  and 
southerly  along  the  east,  north  and  west  lines  of  said 
cemetery,  to  the  north  line  of  Manlius  street ; thence 
westerly  along  the  north  line  of  said  street  and  the 
northeasterly  line  of  Third  North  street,  to  the  north- 

Boundaries  of 

the  City.  easterly  line  of  the  said  Salt  Springs  Reservation  ; 

thence  northwesterly  along  said  reservation  line  to  the 
northwesterly  bank  of  the  present  channel  of  Bear  Trap 
creek  at  or  near  the  northerly  corner  of  Marsh  lot  num- 
ber forty-seven ; thence  southwesterly  along  the  north- 
westerly bank  of  the  present  channel  of  said  creek  to 
the  northeasterly  line  of  Spring  street  ; thence  north- 
westerly along  said  line  of  Spring  street  and  the  Liver- 
pool road  to  a point  opposite  the  most  northerly  corner 
of  Marsh  lot  number  twenty- two  in  said  reservation  ; 
thence  southwesterly  across  said  Liverpool  road,  and 
along  the  northwesterly  lines  of  said  Marsh  lot  number 

*As  amended  by  Chapter  368  of  the  Laws  of  1887. 


THE  CITY  OF  SYRACUSE.  2J 

twenty-two,  and  reclaimed  lot  number  three,  to  low- 
water  mark  of  Onondaga  lake ; thence  in  a straight 
line  southwesterly  across  said  lake  to  the  most  north- 
erly corner  of  reclaimed  lot  number  thirty- nine ; thence 
southwesterly  along  the  northwesterly  line  of  said  re- 
claimed lot  number  thirty-nine  and  of  farm  lot  number 
fifty-four  of  said  Salt  Springs  Reservation,  to  the 
“blue  line,’’  so-called,  of  the  enlarged  Erie  canal; 
thence  westerly  along  .said  ‘ ‘ blue  line  ’ ’ to  a point  in 
range  with  the  southwesterly  line  of  Willis  avenue, 
formerly  Quince  street;  thence  southeasterly  to  and 
along  said  line  of  Willis  avenue,  formerly  Quince 
street,  to  the  northerly  line  of  lands  of  the  Auburn 
branch  of  the  New  York  Central  and  Hudson  River 
railroad  ; thence  westerly  along  said  line  of  said  railroad 
lands  to  the  west  line  of  farm  lot  number  three  hundred 
and  thirty  of  said  Salt  Springs  Reservation  ; thence 
southerly  along  the  westerly  line  of  farm  lots  number 
three  hundred  and  thirty  and  one  hundred  and  forty- 
three  to  the  southwest  corner  of  said  farm  lot  number 
one  hundred  and  forty-three ; thence  easterly  along  the 
southerly  line  of  said  farm  lot  number  one  hundred  and 
forty-three  to  a point  in  a northwesterly  prolongation 
of  the  southwesterly  line  of  Myrtle  street ; thence 
southeasterly  in  a straight  line  to  and  along  said  line 
of  Myrtle  street  to  the  most  northerly  corner  of  Geddes 
cemetery ; thence  southwesterly,  southeasterly  and 
northeasterly,  along  the  northwesterly,  southwesterly 
and  southeasterly  lines  of  said  cemetery,  to  the  south- 
westerly line  of  said  Myrtle  street ; thence  southeasterly 
along  said  line  of  said  street  to  the  southeasterly  line  of 


28 


REVISED  CHARTER  OE 


Tompkins  street,  formerly  Fifth  South  street;  thence 
northeasterly  along  said  line  of  Tompkins  street,  tor- 
merly  Fifth  South  street,  to  a point  in  range  with  the 
southwesterly  line  of  Avery  avenue,  formerly  Filbert 
street;  thence  southeasterly  in  a prolongation  of  said  line 
of  Avery  avenue,  formerly  Filbert  street,  to  the  westerly 
line  of  Avery  avenue,  formerly  the  Onondaga  Hill 
road,  so-called ; thence  southerly  along  said  westerly 
line  of  said  road  to  the  south  line  of  the  Onondaga  Salt 
Springs  Reseir^ation,  aforesaid ; thence  easterly  along 
said  south  line  of  said  reservation  to  the  northwest 
corner  of  lot  number  seventy-five  of  the  late  Onondaga 
Reservation ; thence  southerly  along  the  west  line  of 
said  lot  number  seventy- five  to  the  south  line  of  Stolp 
avenue,  as  shown  upon  a map  of  the  Cowles  tract,  so- 
called;  thence  easterly  along  the  south  line  of  said  avenue 
to  the  westerly  line  of  Onondaga  street;  thence  southerly 
along  said  line  of  Onondaga  street  to  the  easterly  line 
of  Cortland  avenue ; thence  northerly  along  said  line 
of  said  avenue  to  the  left  bank  of  the  present  channel 
of  Onondaga  creek ; thence  up  along  the  left  or  west- 
erly bank  of  said  creek  as  it  winds  and  turns,  to  a 
westward  prolongation  of  the  south  line  of  lot  number 
ninety-three  of  said  last  mentioned  Reservation  ; thence 
easterly  to  and  along  said  line  of  said  lot  number  ninety- 
three,  to  the  westerly  line  of  the  lands  of  the  Syracuse, 
Binghamton  and  New  York  railroad  ; thence  southeast- 
erly along  said  line  of  said  railroad  lands  to  the  south 
line  of  lot  number  ninety-four  of  said  late  Onondaga 
Reservation  ; thence  easterly  along  the  south  line  of 
said  lot  number  ninety-four  and  lot  number  ninety-five 


'I'HE  CITY  OF  SYRACUSE. 


29 


to  the  east  line  of  said  Reserv^ation;  and  thence  northerly 
along  the  east  line  of  said  Reservation  and  of  the  Onon- 
daga Salt  Springs  Reservation  aforesaid  to  the  place  of 
beginning. 

§4.*  The  said  city  shall  be  divided  into  nineteen  Ward  divi- 
sions and 

wards,  bounded  and  described  respectively  as  follows  : boundaries. 

First  Ward. — All  that  part  of  said  city  bounded  as  ist  ward, 
follows  : Beginning  in  the  northeasterly  line  of  said 
city  at  its  intersection  with  the  center  line  of  Court 
street  and  running  thence  southwesterly  along  the 
center  line  of  said  street  to  the  center  of  Oswego  canal  ; 
thence  southeasterly  along  the  center  line  of  said  canal 
to  a point  in  range  with  the  southeasterly  line  of  Marsh 
lot  number  thirty-four  ; thence  southwesterly  to  and 
along  said  line  of  Marsh  lot  to  the  center  of  Onondaga 
creek  ; thence  down  along  the  center  of  the  present 
channel  of  said  creek  and  the  same  prolonged  into 
Onondaga  lake  to  the  northwesterly  line  of  the  city ; 
thence  northeasterly  and  southeasterly  along  said  city 
line  to  the  place  of  beginning,  shall  constitute  the  first 
ward . 

Second  Ward. — All  that  part  of  said  city  bounded  2nd  ward, 
as  follows  : Beginning  in  the  northeasterly  line  of  said 
city,  at  its  intersection  with  the  center  line  of  Court 
street,  and  running  thence  southwesterly  along  the 
center  line  of  said  street  to  the  center  of  the  Oswego 
canal  ; thence  southeasterly  along  center  of  said  canal 

*As  amended  by  chap.  368  of  1887  ; chap,  no  of  1890  ; chap. 

15  of  1891  ; chap.  571  of  1892  ; chap.  3 of  1893, 


30 


REVISED  CHARTER  OE 


3rd  Ward. 


4th  Ward, 


to  a point  opposite  the  center ’of  Division  street ; thence 
northeasterly  along  the  center  of  said  street  to  the 
center  of  Townsend  street ; thence  northwesterly  along 
the  center  of  Townsend  street  to  a point  opposite  the 
center  of  Pond  street ; thence  northeasterly  along  the 
center  of  Pond  street  to  the  center  of  Third  North 
street ; thence  easterly  along  the  center  of  Third  North 
street  to  the  city  line  ; and  thence  northwesterly  along 
the  same  to  the  place  of  beginning,  shall  constitute  the 
second  ward. 

Third  Ward. — All  that  part  of  said  city  bounded 
as  follows  ; Beginning  at  the  intersection  of  the  center 
lines  of  the  Erie  and  Oswego  canals,  running  thence 
westerly  along  the  center  of  said  Erie  canal  to  the 
center  of  Leavenworth  avenue  ; thence  northerly  along 
the  center  of  Leavenworth  avenue  to  the  boundary 
line  of  the  first  ward ; thence  northeasterly  along  the 
line  of  said  first  ward  to  the  center  of  the  Oswego 
canal,  and  thence  southeasterly  along  the  center  of  said 
canal  to  the  place  of  beginning,  shall  constitute  the 
third  ward. 

Fourth  Ward. — All  that  part  of  said  city  bounded 
as  follows  : Beginning  at  the  intersection  of  the  center 
of  the  Oswego  canal  with  the  center  of  James  street 
and  running  thence  southerly  to  the  center  of  the  Erie 
canal ; thence  easterly  along  the  center  of  the  Erie 
canal  to  the  city  line  ; thence  northerly  along  said  city 
line  to  the  center  of  Janies  street  ; and  thence  south- 
westerly along  the  center  line  of  James  street  to  the 
place  of  beginning,  shall  constitute  the  fourth  ward. 


THE  CITY  OF  SYRACUSE. 


3' 


Fifth  Ward. — All  that  part  of  said  city  bounded  as  5th  ward 
follows  : Beginning  at  the  intersection  of  the  eenter  of 
the  Erie  canal  with  the  center  of  Onondaga  creek  and 
running  thenee  westerly  along  the  center  of  said  canal 
to  a point  opposite  the  center  of  Tioga  street;  thence 
southerly  along  the  center  of  Tioga  street  to  the  center 
of  Fabius  street ; thence  westerly  along  the  center  of 
Fabius  street  to  the  center  of  Oswego  street  ; thence 
southerly  along  the  center  of  Oswego  street  to  the 
center  of  Merriman  avenue  ; thence  easterly  along  the 
center  of  Merriman  avenue  to  the  center  of  Kellogg 
street ; thence  northeasterly  on  Kellogg  street  to  the 
center  of  Slocum  avenue ; thence  southeasterly  on 
Slocum  avenue  to  the  center  of  West  Onondaga  street ; 
thence  northeasterl}^  along  the  center  of  West  Onondaga 
street  to  Onondaga  ereek ; thence  down  along  the 
center  of  said  creek  to  the  place  of  beginning,  shall 
constitute  the  fifth  ward. 

Sixth  Ward. — All  that  part  of  said  city  bounded  as  6th  Ward 
follows  : Beginning  in  the  center  of  the  Erie  canal  in 
range  with  the  center  line  of  Montgomery  street  and 
running  thence  southerly  to  and  along  the  center  of 
said  street  to  the  center  of  Jefferson  street ; thence  ea.st 
along  the  center  of  Jefferson  street  to  the  eenter  of  the 
south  part  of  Montgomery  street  ; thence  southerly 
along  the  center  line  of  Montgomery  street  to  the 
center  of  Harrison  street  ; thence  westerly  along  the 
center  line  of  Harrison  street  to  the  center  of  West 
Onondaga  street  ; thence  southwesterly  along  the 
center  of  West  Onondaga  street  to  the  center  of  Onon- 


32 


REVISED  CHARTER  OE 


7th  W ard. 


8th  Ward. 


daga  creek  ; thence  northwesterly  and  northerly  down 
along  the  center  of  said  creek  to  the  center  of  the  Erie 
canal  ; thence  easterly  along  the  center  of  the  Erie 
canal  to  the  place  of  beginning,  shall  constitute  the  sixth 
ward. 

Seventh  Ward. — All  that  part  of  said  city  bounded 
as  follows  : Beginning  in  the  center  of  the  Erie  canal 
at  the  northeast  corner  of  the  sixth  ward  hereinbefore 
described,  and  running  thence  southerly  along  the 
easterly  line  of  the  sixth  and  eighteenth  wards  to  the 
center  of  Adams  street ; thence  easterly  along  the  center 
line  of  Adams  street  to  the  center  of  Almond  street ; 
thence  northerly  along  the  center  line  of  Almond 
street  to  the  center  of  the  Erie  canal ; and  thence  west 
along  the  center  of  said  canal  to  the  place  of  beginning, 
shall  constitute  the  seventh  ward. 

Eighth  Ward. — All  that  part  of  said  city  bounded 
as  follows : Beginning  at  the  intersection  of  the  center 
of  the  Erie  canal  with  the  center  of  Almond  street, 
and  running  thence  southerly  along  the  center  line  of 
Almond  street  to  the  center  of  Burt  street ; thence 
easterly  along  the  center  line  of  Burt  street  to  the 
center  of  Renwick  avenue  ; thence  southerl}^  along  the 
center  line  of  said  avenue  to  the  easterly  line  of  lands 
owned  and  occupied  by  the  Delaware,  Lackawanna  and 
Western  railroad  for  a right  of  way  ; thence  southerly 
along  the  easterly  line  of  said  railroad  lands  to  the 
northwest  corner  of  Oakwood  cemetery  ; thence  east- 
erly along  the  north  line  of  said  cemetery  to  the  east 
line  of  farm  lot  number  one  hundred  and  eighty-seven 


THE  CITY  OF  SYRACUSE. 


33 


of  the  Onondaga  Salt  Springs  Reservation ; thence 
northerly’  along  the  east  line  of  said  farm  lot  and  the 
west  line  of  Ja}^  street  to  the  south  line  of  University 
Place  ; thence  westerly  along  the  south  line  of  Univer- 
sity Place  to  a point  opposite  the  center  of  University 
avenue  ; thence  northerly  along  the  center  line  of  said 
avenue  to  the  center  of  Erie  canal  ; and  thence  west- 
erly along  the  center  of  said  canal  to  the  place  of  be- 
ginning, shall  constitute  the  eighth  ward. 

Ninth  Ward. — All  that  part  of  said  city  lying  west  9th  ward, 
of  the  thirteenth,  fifteenth  and  seventeenth  wards  and 
south  of  the  center  line  of  Genesee  street,  shall  consti- 
tute the  ninth  ward. 

Tenth  Ward. — All  that  part  of  said  city  lying  westioth  ward, 
of  the  fifteenth  ward,  and  north  of  the  center  line  of 
Genesee  street,  .shall  constitute  the  tenth  ward. 

Eleventh  Ward. — All  that  part  of  the  city  lying  nth  ward, 
south  of  the  thirteenth,  eighteenth,  nineteenth,  eighth 
and  fourteenth  wards,  shall  constitute  the  eleventh 
ward. 

Twelfth  Ward. All  that  part  of  said  city  bounded  ^^tii  ward, 
as  follows:  Beginning  at  the  intersection  of  the  center 
line  of  James  street  with  the  center  of  the  Oswego 
canal ; thence  northwesterly  along  the  center  of  said 
canal  to  a point  opposite  the  center  of  Butternut  street; 
thence  northeasterly  and  northerly  along  the  center 
line  of  Butternut  street  to  the  city  line  ; thence  easterly, 
northerly,  easterly,  southerly,  easterly  and  southerly 


34 


REVISED  CHARTER  OF 


along  said  city  line  to  the  center  of  Janies  street ; 
thence  southwesterly  along  the  center  line  of  James 
street  to  the  place  of  beginning,  shall  constitute  the 
twelfth  ward. 

13th  Ward.  Thirteenth  Ward. — All  that  part  of  said  city 
bounded  as  follows:  Beginning  at  the  intersection  of 
Geddes  street  with  the  center  of  Merriman  avenue  and 
running  thence  southerly  along  the  center  of  Geddes 
street  to  the  center  of  Bellevue  avenue  to  an  angle  in 
the  city  line  ; thence  southerly,  easterly,  southeasterly 
and  northerl}^  along  said  city  line  to  Onondaga  creek ; 
thence  down  along  the  center  of  said  creek  to  the  center 
of  West  Onondaga  street ; thence  southwesterly  along 
the  center  of  West  Onondaga  street  to  the  center  of 
Slocum  avenue ; thence  northwesterly  along  the  center 
of  Slocum  avenue  to  the  center  of  Kellogg  street; 
thence  southwesterly  on  Kellogg  street  to  the  center  of 
Merriman  avenue  ; and  thence  westerly  along  the  cen- 
ter of  Merriman  avenue  to  the  place  of  beginning,  shall 
constitute  the  thirteenth  ward. 

14th  Ward.  Fourteenth  Ward. — All  that  part  of  said  city 
bounded  and  described  as  follows:  Beginning  at  the 
intersection  of  the  center  of  the  Erie  canal  with  the 
center  of  University  avenue,  and  running  thence 
southerly  along  the  center  line  of  said  avenue  to  the 
south  line  of  University  Place  ; thence  easterly  along 
said  south  line  of  University  Place  to  the  west  line  of 
Jay  street;  thence  southerly  along  the  west  line  of  Jay 
street  and  the  east  line  of  farm  lot  number  one  hundred 

r 

and  eighty-seven  of  the  Onondaga  Salt  Springs  Reser- 


THE  CITY  OF  SYRACUSE. 


35 


vation  to  the  south  line  of  said  Reservation;  thence  east- 
erly along  the  said  Reservation  line  to  the  east  line  of 
said  city  ; thence  northerly  along  the  said  city  line  to 
the  center  of  Erie  canal,  and  thence  westerly  along  the 
center  line  of  said  canal  to  the  place  of  beginning, 
shall  constitute  the  fourteenth  ward. 

Fifteenth  Ward. — All  that  part  of  said  city  ,5th  Ward, 
bounded  as  follows:  Beginning  at  the  center  lines  of 
Leavenworth  avenue  and  the  Erie  canal,  running 
thence  westerly  and  northwesterly  along  the  center  of 
said  Erie  canal  to  the  northwesterly  line  of  said  city ; 
thence  northeasterly  along  said  city  line  to  the  north- 
westerly corner  of  the  first  ward  ; thence  southeasterly 
along  the  line  of  said  first  ward  to  the  northwesterly 
corner  of  the  third  ward  ; thence  southerly  along  the 
line  of  the  third  ward  to  the  place  of  beginning,  shall 
constitute  the  fifteenth  ward. 

Sixteenth  Ward. — All  that  part  of  the  city  i6th  ward, 
bounded  as  follows:  Beginning  in  the  center  of  Os- 
wego canal,  at  a point  opposite  Division  street ; thence 
southeasterly  along  the  center  line  of  .said  canal  to  a 
point  opposite  the  center  of  Butternut  street ; thence 
northeasterly  and  northerly  along  the  center  of  said 
street  to  the  center  of  Third  North  street ; thence  west- 
erly along  the  center  of  Third  North  street  to  the  center 
of  Pond  street ; thence  southwesterly  along  the  center 
of  Pond  street  to  the  center  of  Townsend  street ; thence 
southeasterly  along  the  center  of  Townsend  street  to 
the  center  of  Division  street;  thence  southwesterly 


36 


REVISED  CHARTER  OF 


17th  Ward. 


i8th  Ward, 


along  the  center  of  Division  street  to  the  place  of  be- 
ginning, shall  constitute  the  sixteenth  ward. 

Seventeenth  Ward. — All  that  part  of  said  city 
bounded  as  follows;  Beginning  at  the  center  of  the 
Erie  canal  at  a point  opposite  of  Tioga  street,  and  run- 
ning thence  westerly  along  the  center  of  said  canal  to 
the  center  of  Geddes  street ; thence  southerly  along  the 
center  of  Geddes  street  to  the  center  of  Merriman 
avenue ; thence  easterly  along  the  center  of  Merriman 
avenue  to  the  center  of  Oswego  street ; thence  northerly 
along  the  center  of  Oswego  street  to  the  center  of  Fa- 
bius  street ; thence  easterE  along  the  center  of  Fabius 
street  to  the  center  of  Tioga  street ; thence  northerly 
along  the  center  of  Tioga  street  to  the  place  of  begin- 
ning, shall  constitute  the  seventeenth  ward. 

Eighteenth  Ward. — All  that  part  of  said  city 
bounded  as  follows:  Beginning  at  the  intersection  of 
the  center  lines  of  Montgomery  and  Harrison  streets, 
and  running  thence  southerly  along  the  center  line  of 
Montgomery  street  to  the  center  of  Burt  street ; thence 
west  along  the  center  line  of  Burt  street  to  the  center 
of  South  Salina  street ; thence  southerly  along  the  cen- 
ter line  of  South  Salina  street  to  the  Onondaga  Salt 
Springs  Reservation;  thence  westerly  along  said  reserva- 
tion line  to  Onondaga  creek  ; thence  northerly  down 
along  the  center  of  the  present  channel  of  said  creek  to 
the  center  of  West  Onondaga  street ; thence  northea.st- 
erl}^  along  the  center  line  of  West  Onondaga  street  to 
the  center  of  Harrison  street ; and  thence  easterly  along 


THE  CITY  OF  SYRACUSE. 


37 


the  center  line  of  Harrison  street  to  the  place  of  be- 
ginning, shall  constitute  the  eighteenth  ward. 

Nineteenth  Ward. — All  that  part  of  the  said  city 
bounded  as  follows:  Beginning  at  the  intersection  of 
the  center  line  of  Adams  and  Montgomery  streets,  and 
thence  running  southerly  along  the  easterly  line  of  the 
eighteenth  ward  to  the  south  line  of  the  Onondaga  Salt 
Springs  Reservation;  thence  easterly  along  said  reserva- 
tion line  to  the  east  line  of  lands  of  the  Delaware, 
Lackawanna  and  Western  railroad  ; thence  northerly 
along  the  easterly  line  of  said  railroad  lands  to  the  cen- 
ter of  Renwick  avenue  ; thence  northerly  along  the 
center  line  of  Renwick  avenue  to  the  center  of  Burt 
street ; thence  west  along  the  center  of  Burt  street  to 
the  center  of  Almond  street;  thence  northerly  along  the 
center  of  Almond  street  to  the  center  of  Adams  street ; 
and  thence  westerly  along  the  center  line  of  Adams 
street  to  the  place  of  beginning,  shall  constitute  the 
nineteenth  ward. 

§ 2.  The  ward  officers  in  office  when  this  act  takes 
effect  shall  continue  to  hold  office  and  represent  the 
wards  for  which  they  were  respectively  elected  until 
the  expiration  of  the  full  term  of  office.  At  the  charter 
election  in  the  year  eighteen  hundred  and  ninety-three 
aldermen,  supervisors,  school  commissioners,  constables 
and  inspectors  of  election  shall  be  elected  in  the 
fifteenth,  sixteenth,  seventeenth,  eighteenth  and  nine- 
teenth wards.  The  term  of  office  of  the  aldermen  and 
school  commissioners  elected  for  the  sixteenth  and 


rgth  Ward. 


Ward  officers, 
terms  and 
election  of. 


38 


REVISED  CHARTER  OF 


eighteenth  wards  at  such  election  shall  be  one  year, 
and  thereafter  the  term  of  office  of  the  aldermen  elected 
for  such  wards  shall  be  two  years. 

TITLE  11. 

OFi^ICERS  ELECTED  AND  CITY  ELECTIONS. 

City  officers.  SECTION  5.  * The  officers  of  the  city  to  be  elected  by 

How  elected. 

general  ticket  shall  be  the  mayor,  the  police  justice, 
four  assessors,  six  justices  of  the  peace  and  one  over- 
seer of  the  poor.t  Of  such  six  justices  of  the  peace, 
one,  and  one  only,  shall  reside  and  keep  his  office  in 
• the  first  ward,  one  shall  keep  his  office  in  the  third 
ward,  one  and  one  only  shall  reside  and  keep  his  office 
in  the  ninth  or  tenth  ward,  and  one,  and  one  only, 
shall  reside  and  keep  his  office  in  the  eleventh  ward. 

Ward  officers.  §6.  JTlie  electors  of  each  ward  shall  also  elect  one 
alderman,  one  supervisor  and  one  constable  ; and  the 
electors  of  each  election  district  shall  also  elect  in  the 
manner  prescribed  by  law,  three  inspectors  of  election. 
Such  ward  officers  and  inspectors  of  election  shall  be 
elected  on  the  day  of  the  general  city  election. 

Eligibility  to  §7-  tSuBDivivSiON  I.  No  persoii  shall  be  eligible  to 
any  office  mentioned  in  section  five,  unless  he  shall  be, 
at  the  time,  a resident  elector  of  the  city  ; nor  shall  any 
person  be  eligible  to  any  office  mentioned  in  section 
six,  unless  he  shall  be,  at  the  time,  a resident  elector 
of  the  ward  or  district  in  which  he  shall  be  elected. 

*As  amended  by  chapter  368  of  the  Laws  of  1887. 

•[Repealed  by  chapter  342  of  the  Laws  of  1892. 

[As  amended  by  chap.  131  of  the  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


39 


2.  There  shall  also  be  elected  on  the  day  of  the  gen-  School  com- 

missioner. 

eral  city  election,  in  each  ward  where  a vacancy  of 
such  officer  shall  have  occurred  or  where  the  term  of 
office  of  such  officer  shall  then  expire,  one  commisioner 
of  common  schools. 

3.  No  person  shall  be  deemed  to  be  ineligible  to  ^omen  uf 
serve  as  commissioner  of  common  schools  by  reason  of 

sex  who  has  the  other  qualifications  now  required  by 
law. 

4.  All  persons,  without  regard  to  sex,  who  are  elig-  Qualification 

of  voters. 

ible  to  the  office  of  commissioner  of  common  schools 
and  have  the  other  qualifications  now  required  by  law, 
shall  have  the  right  to  vote  for  commissioner  of  com- 
mon schools  in  the  various  wards  of  the  city. 

5.  All  persons  so  entitled  to  vote  for  commissioner 
of  common  schools  shall  be  registered,  as  provided  by 

law  for  those  who  vote  for  city  officers  ; and  whenever  Registration, 
commissioners  of  common  schools  are  to  be  elected  at 
the  ensuing  election  it  shall  be  the  duty  of  the  city 
clerk  to  prepare  a ballot  to  be  used  exclusively  by  those 
who,  by  reason  of  sex,  can  only  vote  for  commission- 
ers of  common  schools.  vSaid  ballot  shall  be  substan- 
tially in  size  and  appearance  like  the  other  ballots  pro- 
vided by  law,  with  the  additional  indorsement  “ school  Ballots  for  use 

of  women. 

commissioner”  and  distributed  to  the  several  polling 
places  in  the  same  manner. 

§ 6.  It  shall  be  the  duty  of  inspectors  of  election  to  Duty  of  in- 

. , 1-11  r 1 spectors  of 

give  to  such  persons  as  are  only  entitled  to  vote  tor  the  election, 
office  of  commissioner  of  common  schools  such  ballots 


40 


REVISED  CHARTER  OF 


Separate 

ballots. 


Number  of 
voters  in 
district,  ascer- 
tainment of. 


Annual 

election. 

Polling  places. 


Notice  of 
election. 


as  contain  the  names  only  of  candidates  for  that  office, 
and  to  deposit  the  ballot  selected  by  such  persons  in 
the  ballot-box  wherein  other  ballots  are  placed  pro- 
vided such  persons  are  properly  registered  and  who 
shall  have  selected  their  ballots  in  the  same  manner 
and  form  as  is  required  of  those  who  vote  for  other 
ward  officers;  and  no  ballot  then  voted  by  persons 
only  entitled  to  vote  for  commissioner  of  common 
schools  shall  be  counted  in  case  it  is  found  to  contain, 
when  canvassed,  the  name  of  any  person  for  any  other 
office  than  that  of  commissioner  of  common  schools. 
All  ballots  furnished  by  the  city  clerk  for  the  use  of 
those  persons  who  can  only  vote  for  commissioner  of 
common  schools,  shall  be  separate  and  distinct  from 
the  other  ballots,  and  given  only  to  those  who  are  not 
privileged  to  vote  for  any  other  officer. 

§ 7.  In  ascertaining  the  number  of  those  who  have 
a right  to  vote  in  any  one  polling  district  for  the  pur- 
pose of  determining  whether  such  district  has  more 
than  three  hundred  voters,  it  shall  not  be  necessary  to 
count  those  who,  by  reason  of  sex  are  denied  the  right 
to  vote  only  for  the  office  of  commissioner  of  common 
schools. 

§8.  The  annual  city  election  shall  be  held  on  the 
third  Tuesda}^  in  February,  in  each  year,  and  the  polls 
of  election  in  each  election  district  of  the  city  shall  be 
held  at  such  places  as  the  common  council  shall  appoint. 
Six  days  previous  notice  of  such  election  shall  be  given 
by  the  clerk  of  said  city,  by  posting  printed  or  written 
notices  in  three  public  places  in  each  ward,  .signed  by 


THE  CITY  OF  SYRACUSE. 


41 


the  mayor  and  clerk,  and  by  publishing  the  same  in  at 

least  two  of  the  daily  newspapers  printed  in  the  city 

for  one  week  next  preceding  such  election.  The  polls  opening  and 

of  such  election  shall  be  open  at  eight  o’clock  in  the 

morning  and  continue  open  until  five  o’clock  in  the 

afternoon  of  the  same  day,  and  no  longer. 

§ Q.  The  electors  shall  vote  by  ballot.  Each  person  Ballots,  how 
^ ^ delivered. 

offering  to  vote  shall  deliver  his  ballot  so  folded  as  to  con- 
ceal its  contents  to  one  of  the  inspectors  in  the  presence 
of  the  board.  The  ballot  shall  be  a white  paper  ticket.  Ballots  and 

. . . , . contents. 

which  shall  contain  written  or  printed,  or  partly  written 

and  partly  printed,  the  names  of  the  persons  for  whom 

the  elector  intends  to  vote,  and  shall  designate  the 

office  to  which  each  person  so  named  is  intended  by 

him  to  be  chosen  ; but  no  ballot  shall  contain  a greater 

number  of  names  of  persons  as  designated  to  any  office 

than  there  are  persons  to  be  chosen  at  the  election  to 

fill  .such  office.  The  word  “ city  ” shall  be  indor.sed  on  ....  , .. 

the  outer  side  of  each  ballot,  containing  the  names  of 

officers  mentioned  in  .section  five  of  this  title,  and  the 

word  “ ward  ” upon  the  outer  side  of  each  ballot,  con-  i^vard  ticket 

taining  the  names  of  officers  mentioned  in  .section  .six 

of  this  title.  Such  ballots  shall  be  deposited  in  separate 

boxes  ; but  no  ballot  found  in  the  proper  box  shall  be  bo^es 

rejected  for  want  of  such  indorsement. 

§ 10.  Every  person  who  shall  have  been  a citizen  Qualification 
for  ten  days,  an  inhabitant  of  this  State  for  one  year, 
resident  of  the  county  of  Onondaga  four  months,  and 
of  the  city  of  vSyracuse  thirty  days  last  preceding  any 


42 


REVISED  CHARTER  OF 


For  city 
officers. 


For  ward 
officers. 


Provisions  of 
general  elec- 
tion law. 


Canvass  of 
votes. 


Statement  of 
result. 


How  filed. 


Common 
Council  to  can- 
vass returns. 


election  for  city  officers,  shall  be  entitled  to  vote  for 
any  or  all  of  the  officers  to  be  elected  by  general  ballot ; 
and  any  such  person,  who  shall  for  the  last  thirty  days 
have  been  a resident  of  the  ward  or  election  district  in 
which  he  shall  offer  his  vote,  shall  be  entitled  to  vote 
in  said  ward  or  election  district,  and  not  elsewhere,  for 
any  or  all  of  the  officers  to  be  chosen  at  such  election 
for  such  ward  or  district. 

§11.  The  provisions  of  law  in  respect  to  elections 
for  the  State  and  county  officers  shall  apply  to  elec- 
tions of  officers  under  this  act,  as  far  as  the  same  are 
applicable. 

§ 12.  Immediately  after  the  polls  of  any  election 
shall  have  closed  and  on  the  same  day  the  inspectors 
holding  the  election  in  each  ward  or  election  district 
shall  canvass  the  votes  given  at  such  election ; after 
thus  canvassing  the  votes,  they  shall  make  a state- 
ment in  writing,  which  shall  be  signed  by  them,  or  a 
majority  of  them,  determining  and  certifying  the  num- 
ber of  votes  cast  at  such  election,  for  each  person  voted 
for  thereat,  for  city  and  ward  officers,  which  statement 
shall  immediately  thereafter  be  delivered  by  said  in- 
spectors to  the  city  clerk. 

§ 13.  The  clerk  shall  deliver  such  statement  and 
certificates  to  the  common  council  at  their  next  meet- 
ing, which  shall  be  on  the  next  Thursday  after  the 
annual  election  in  each  year,  and  they, shall,  upon  such 
statement  and  certificates,  declare  and  determine  what 
persons  have  been  duly  elected  to  the  respective  offices 


THE  CITY  OF  SYRACUSE. 


43 


voted  for  at  such  election  ; the  persons  having  the 

greatest  number  of  votes  for  the  respective  offices  to  be 

filled  by  general  ticket  for  the  whole  city,  and  those 

having  the  greatest  number  of  votes  for  the  offices  to 

be  filled  by  the  electors  of  the  several  election  districts  Declaration  of 

or  wards,  shall  be  declared  duly  elected.  rebuit. 

^ 14.  If  at  any  election  authorized  by  this  act,  the  Tie  vote. 
ma)^or,  police  justice,  justice  of  the  peace,  supervisor 
or  alderman  shall  not  have  been  chosen  by  reason  of 
two  or  more  candidates  having  received  an  equal  num- 
ber of  votes  for  the  same  office,  a special  election  shall  Special 

’ election, 

be  ordered  by  the  common  council  within  five  days 
after  such  election ; and  the  common  council  shall 
cause  such  notice  as  is  required  for  a general  city  elec-  ^^tice. 
tion  to  be  posted  and  published  for  at  least  five  days 
previous  to  such  special  election.  The  provisions  of 
law  in  respect  to  the  annual  election,  as  far  as  the  same 
are  applicable,  shall  apply  to  such  special  election. 

Vacancies  in  the  office  of  supervisor  or  alderman,  shall 
be  filled  by  special  election  to  be  ordered  by  the  com- 
mon council  in  the  same  manner  as  provided  in  this 
section  ; all  other  vacancies  not  otherwise  provided  for 
by  law  shall  be  filled  by  the  common  council,  by  ap- 
pointment by  ballot,  except  in  cases  where  the  office 
was  originally  filled  by  appointment  of  the  mayor, 
in  which  case  the  vacancy  shall  be  filled  by  the  mayor’s 
appointment.  All  vacancies  filled  by  election  or  ap- 
pointment shall  be  for  the  balance  of  the  un’expired 
term . 


44 


REVISED  CHARTER  OF 


Appointive 
city  officers. 


Officers  ap- 
pointed by  the 
Mayor. 

Appointments 
by  the  Com- 
rrion  Council. 


Term  of  office. 


Officers  hold- 
ing over. 


TITLE  III. 

OFFICERS  APPOINTED  AND  MODE  OF  APPOINTMENT. 

§ 15.*  The  officers  of  the  city,  to  be  appointed,  shall 
be  a president  of  the  council,  a city  clerk,  a city  treas- 
urer, a commissioner  of  public  works,  a city  engineer, 
a corporation  counsel,  a mayor’s  clerk,  an  examiner  of 
weights  and  measures,  a weigher  of  hay,  two  hundred 
and  fifty  commissioners  of  deeds  and  such  sextons, 
pound-keepers  and  other  subordinate  officers  as  the 
council  shall  by  resolution  declare  to  be  necessary, 
which  resolution  shall  state  the  term  of  office,  not 
exceeding  one  year,  and  the  duties  to  be  performed  by 
such  subordinate  officers  respectively. 

§ i6.t  The  mayor  shall  appoint  the  commissioner  of 
public  works,  the  city  engineer,  the  corporation  counsel, 
and  the  mayor’s  clerk  ; the  others  shall  be  appointed 
by  the  common  council  by  ballot. 

§17.*  The  city  clerk  and  city  treasurer  shall  be 
appointed  for  a term  of  three  years.  The  corporation 
counsel  and  commissioner  of  public  works  for  a term 
of  two  years,  and  all  other  appointed  officers  for  a term 
of  oiie  year,  except  as  provided  in  section  fifteen  of  the 
act  hereby  amended. 

All  officers  designated  and  created  by  this  act  shall 
respectively  hold  over  and  perform  the  duties  of  their 
several  offices  until  their  successors  shall  qualify. 

*As  amended  by  chap.  475  ot  1889.  Also  chap.  020  ot  Laws 
of  1892. 

f As  amended  by  chap.  475  of  Laws  of  1889. 


THE  CITY  OF  SYRACUSE. 


45 


TITLE  IV. 

POWERS  OF  THE  COMMON  COUNCIL. 

§ 1 8.  The  legislative  powers  of  the  city  of  Syracuse  Legislative 

powers. 

shall  be  vested  in  the  common  council.  The  aldermen 
of  said  city,  when  assembled,  or  a quorum  thereof, 
shall  constitute  the  common  council  ; and  in  the  pro- 
ceedings thereof  each  member  present  shall  have  a 
vote.  A majority  of  the  aldermen  elected  shall  consti-  Quorum, 
tute  a quorum,  but  a less  number  may  adjourn  from 
day  to  day  and  compel  the  attendance  of  absent 
members. 

§ 19.*  The  common  council  shall  meet  annually  on  Annual  meet- 
ing time  and 

the  first  Monday  after  the  annual  election  at  eight 
o’clock  in  the  afternoon  at  the  city  hall,  or  council- 
room  for  the  time  being  ; and  at  such  other  times  as 
they,  by  resolution,  shall  designate.  At  such  first  :\[ay  make  ap- 

. poihtments. 

meeting,  the  mayor,  and  the  common  council  may 
make  their  respective  appointments  of  officers. 

^ 20.t  Every  rule,  by-law,  ordinance,  resolution  or  vote  required 

. to  tran.saet 

regulation  of  the  common  council,  before  it  takes  effect,  business, 
shall  receive  the  affirmative  vote  of  a majority  of  all  the 
members  elected  to  the  common  council,  and,  excepting  i^-^^eption. 
rules  for  their  own  government,  and  appointing  officers, 
shall  be  presented  duly  certified  by  the  city  clerk  to  the  -^layor’s  veto, 
mayor;  if  he  approves  it  he  shall  sign  it.  In  which 
case  it  shall  take  effect  immediately  thereafter,  unless 
otherwise  provided  therein  ; if  he  does  not  approve  it, 

*As  amended  by  chap.  626  of  Laws  of  1892. 
f As  amended  by  chap.  449  of  the  Laws  of  1888. 


46 


REVISED  CHARTER  OF 


Time  in  which  he  shall  retum  it  with  his  objections  to  the  city  clerk 
within  ten  days  after  he  shall  have  received  it.  The 
Consideration  conimon  couiicil  shall  then  proceed  to  reconsider  the 

of  veto  and 

vote  necessary  same,  and  if  two-thirds  of  all  the  members  elected 

to  defeat. 

shall  vote  to  pass  the  same,  it  shall  take  effect  in 
like  manner  as  if  he  had  signed  it.  In  every  such  case 

Vote  to  be 

recorded.  the  vote  .shall  be  taken  by  ayes  and  nays  and  entered  ‘ 
on  the  minutes,  and  the  objections  of  the  mayor  shall 
■tJ^be^ recorded  also  be  entered  at  length  by  the  clerk  with  the  other 

in  full. 

proceedings. 


EiTectincase  If  sucli  ordinance,  by-law,  rule,  resolution  or  regula- 

Mayor  does 

not^sign  nor  tion  shall  not  be  returned  by  the  mayor  within  ten  days 
after  he  received  it,  it  shall  thereupon  take  effect  in 
like  manner  as  if  he  had  signed  it. 


Mayor  may  § 21."^  The  luayor  may  object  to  one  or  more  of  the 

veto  part  of 

or  bms  and^^*^  items  appropriating  money  of  the  annual  budget  while 
accounts.  approving  the  other  items  thereof.  And,  in  like 
manner,  when  any  resolution  of  the  common  council 
provides  for  the  payment  of  two  or  more  bills  or 
accounts,  he  may  object  to  any  one  or  more  of  them 
while  approving  the  others.  In  any  such  case  he  shall 
append  to  the  resolution,  at  the  time  of  signing  it,  a 
statement  of  the  item  or  items  to  which  he  objects,  and 
the  item  or  items  so  objected  to  shall  not  take  effect 
except  as  hereinafter  provided.  The  mayor  shall 
transmit  to  the  common  council  a copy  of  such  state- 
ment, and  the  items  objected  to  by  him  shall  be 
S^such^vtti?”  separately  considered.  If,  on  such  reconsideration, 


*As  amended  by  chap.  368  of  the  Laws  of  1887. 


THE  CITY  OF  SYRACUSE. 


47 


one  or  more  of  such  items  be  approved  by  two- thirds  of 
all  the  members  elected  to  such  common  council,  the 
same  shall  take  effect,  notwithstanding  the  objections 
of  the  mayor. 

§ 22.  In  addition  to  the  powers  conferred  by  this  act, 
the  common  council  of  said  city  shall  have  power  to 
make,  establish,  publish,  modify,  ordain,  amend  or 
repeal  ordinances,  rules,  regulations  and  by-laws  for 
the  following  purposes  : — ■ 

1.  To  manage  and  regulate  the  finances,  and  to  Finances  and 

^ ^ city  property. 

regulate,  preserve  and  dispose  of  the  real  and  personal 
property  of  the  city. 

2.  To  light  the  streets  and  public  buildings  of  the  street  lighting 

and  water 

city,  and  to  supply  the  city  with  water.  supply. 

3. "^  To  prescribe  the  terms  and  conditions  upon  Powers  of 

Council. 

which  license  shall  be  granted  ; to  license,  regulate  and  Licenses, 
restrain  traffic  and  sales  in  the  streets,  highways,  roads  Sidljaies.  ° 
and  public  places  ; to  regulate,  tax  and  license  auction-  Auctioneers, 

etc. 

eers,  and  the  sale  of  goods  at  auction,  and  the  vending 
and  selling  of  goods  within  the  city  by  non-residents 
thereof ; to  license  and  regulate  milk  dealers  and  milk  Milk  dealers 

and  peddlers. 

peddlers,  and  the  vending  and  sale  of  milk  within  the 
city  limits,  and  provide  for,  regulate  and  enforce  the 
visitation  and  inspection  of  all  dairies,  dairy  farms  and  inspections  of 

dairies,  etc. 

milk  depots  where  such  milk  is  produced,  or  from 
which  it  is  obtained,  the  cows  and  other  live  stock, 

*As  amended  by  chap.  475  of  Laws  of  i88g  which  was  amended 
by  chap.  531  of  Laws  of  1893. 


48 


REVISED  CHARTER  OF 


food,  water,  water  supply,  stables,  houses,  barns,  cel- 
lars, milk  houses,  buildings,  cans,  pails,  coolers  and 
other  utensils  used  therein  or  pertaining  thereto, 
whether  the  same  be  within  the  city  limits  or  not. 


Use  of  streets.  ^ ^ regulate  the  use  of  streets,  highways,  roads 
and  public  places  by  foot  passengers,  vehicles,  street 

Rail  Roads,  cars,  railways  and  locomotives  ; to  prohibit  or  regulate 
the  use  of  locomotive  engines  and  of  steam,  and  to  reg- 
ulate other  motive  power  and  speed,  on  any  portion  of 
any  railroad  within  the  city ; to  require  any  railroad 
company  to  keep  a flagman  or  gates  at  each  railroad 

Inspectiun  of  . ^ ^ ^ ' 

steam  engines  crossing  of  a public  street  ; to  provide  for  the  inspec- 


tion of  steam  engines  and  boilers,  used  in  the  city,  and 
to  prohibit  the  use  of  unsafe  ones  ; to  prohibit  any  per- 
son who  has  not  been  duly  licensed  under  such  regu- 
lations as  the  common  council  may  prescribe,  from  run- 
ning any  steam  engine,  stationary  or  otherwise,  in  the 
city  except  the  engineers  of  duly  incorported  steam 
railroads,  and  engineers  duly  authorized  by  the  author- 
ities of  the  United  States,  to  classify  such  engineers 
and  to  provide  for  the  appointment,  by  the  mayor,  of 
such  inspectors,  examiners  and  employees  as  may  be 
required  to  carry  out  such  ordinance ; any  inspector 
appointed  under  the  provisions  of  this  subdivision  shall 
be  a practical  boiler-maker,  and  shall  hold  office  for  one 

Remoyai  of  year  uiiless  sooiiei'  removed  for  cause,  to  require  that 

electrical  con-  ^ 

from^overhead  telegraph,  telephone  or  electric  light  wires  or  cables,  or 

in  streets. 

other  appliances  for  conducting  electricity,  except  trolly 
and  feed  wires,  poles  and  fixtures  used  in  operating 


*As  amended  by  chap  531  of  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


49 


street  railroads,  and  the  poles  thereof  heretofore  erected 
in  any  street,  alley  or  public  ground  within  a radius  of 
one-half  mile  from  the  swing-bridge  in  Salina  street 
be  removed  from  overhead  in  such  street,  alley  or  pub- 
lic ground,  or  any  part  thereof,  within  reasonable  time, 
not  less  than  three  months  after  the  enactment  of  such 
ordinance  ; and  a compliance  with  such  ordinance  in 
respect  to  the  removal  of  poles,  wires,  cables  and  other 
appliances  for  conducting  electricity  from  such  streets, 
alleys,  and  public  grounds,  may  be  enforced  by  man- 
damus by  any  court  of  competent  jurisdiction  upon  the 
application  of  the  city  as  relator.  No  company,  cor- Placing  of 

same  in  con- 

poration  or  individual  shall  place  its  wires  and  elec- under 

^ ^ ground. 

trical  conductors  in  conduits  under  the  surface  of  the 
streets,  alleys  or  public  grounds  in  such  manner  as  to 
unnecessarily  interfere  with  the  use  of  such  street, 
alley,  or  public  grounds,  or  local  improvements  of  any 
character  or  with  the  sewers  or  water,  or  gas  mains  or 
branches  thereof,  nor  without  first  obtaining  the  con- 
sent of  the  common  council,  subject  to  such  regula- 
tions and  restrictions  as  the  common  council  may  by 
ordinance  make,  or  impose,  in  respect  thereto,  for 
the  benefit  of  the  public,  the  city  or  its  citizens,  and 
under  the  direction  and  supervision  of  the  commis- 
sioner of  public  works;  provided,  however,  that  noth- 
ing herein  contained  shall  be  construed  as  authorizing 
the  common  council  to  require  that  any  particular 
patent  or  appliance  shall  be  used  in  the  construction  of 
the  conduits  hereinbefore  provided  for.  And  any  com-  Removal  or 

. alteration  of 

pany,  corporation  or  individual  so  placing  its  wires 


4 


50 


REVISED  CHARTER  OF 


Erection  of 
poles,  wires, 
etc. 


Proviso  as  to 
grants  made. 


TJse  of  walks 
and  building 
fronts. 


Encroach- 
ments in 
streets,  etc. 


underground  in  any  street,  alley  or  public  ground  of 
said  city,  shall,  upon  notice  from  the  city,  or  any  of  its 
departments  that  a local  improvement  or  sewer  or 
water  main,  or  branch  thereof,  is  to  be  constructed  in 
such  manner  as  will  necessitate  the  moving  or  altering 
of  the  conduit  or  conduits,  by  said  individual,  com- 
pany or  corporation,  move  or  alter  the  same  at  its  own 
expense  so  as  to  permit  the  construction  of  the  im- 
provement where  ordered,  and  should  any  person, 
company  or  corporation  omit  to  comply  with  such  no- 
tice, the  conduit  or  conduits  may  be  altered  or  moved 
by  the  city,  and  the  cost  and  expense  thereof  recov- 
ered from  such  individual,  company  or  corporation. 
To  regulate  the  erection  of  telegraph,  electric-light  and 
telephone  poles,  wires,  cables  and  other  electrical  con- 
ductors, and  to  require  that  such  wires,  cables  and 
other  electrical  conductors  within  the  radius  of  one- 
half  mile  from  the  swing  bridge  in  Salina  street  be 
placed  underground,  subject  to  such  restrictions  and 

regulations  as  it  may  make  by  general  ordinance,  but 

* 

nothing  in  this  section  contained  shall  alfect  any  grant 
or  consent  heretofore  made  or  given  pursuant  to  gen- 
eral laws,  as  to  any  matter  provided  for  in  and  by  such 
grant  or  consent. 

5.  To  regulate  the  use  of  sidewalks,  buildiug  fronts 
and  house  fronts  within  stoop  lines. 

6.  To  prevent  encroachments  upon  and  obstructions 
to  the  streets,  highways,  roads  and  public  places  within 
the  city. 


THE  CITY  OF  SYRACUSE. 


51 


7.  To  regulate  the  opening  of  street  surfaces,  the  opening  of 

street  surface. 

laying  of  gas  and  water  mains,  the  building,  repairing 
and  cleaning  of  sewers,  and  the  erection  of  gas  or  other 
lamp-posts  or  devices  for  lighting  the  streets. 

8.  In  relation  to  the  management,  construction,  care  use  of  markets 
and  use  of  markets,  docks,  wharves,  piers,  slips,  pi^^ces^^^^'' 
squares,  city  parks  and  other  public  property  of  the 

city. 


9.  To  provide  for  and  to  regulate  the  opening,  opg^ing  and 
widening,  narrowing  and  extending  of  streets,  lanes,  streets, 
alleys  and  courts,  and  also  to  provide  for  the  grading, 
paving,  regrading,  re-paving  and  repairing  of  the  same. 


lo."^  To  regulate  the  numbering  of  the  houses.  Numbering  of 

1 , ,,  . houses,  etc. 

buildings  and  lots  on  the  streets,  avenues,  alleys  and 
public  places  in  the  city,  and  the  naming  of  the  streets, 
avenues,  lanes,  alleys,  courts  and  public  places  therein. 

To  purchase  and  place  suitable  signs  for  names  of 
streets  and  numbers  of  buildings,  and  to  assess  the 
expense  of  such  numbering  upon  the  property  benefited  cost  of  num- 

• 1 1 • bering ; how 

thereby,  and  to  collect  the  .same  with  the  next  city  tax.  paid. 


II.  To  regulate  and  prevent  the  throwing  or  deposit-  Depositing 
ing  of  ashes,  offal,  dirt,  or  garbage  in  the  streets,  alleys,  m"pub1fc 

places. 

lanes  and  public  places,  and  in  the  drains,  sewers  and 
vaults. 


12. t To  license,  tax,  regulate  or  prohibit  animals  Dogs  and  ani- 
running  at  large  or  being  driven,  led  or  ridden  through 

*As  amended  by  chap.  368  of  Laws  of  1887,  and  chap.  ^149  of 
Laws  of  1888, 

fAs  amended  by  chap.  531  of  Laws  of  1893. 


52 


REVISED  CHARTER  OF 


Registration 
of  dogs. 


Cleaning  of 
public  places. 


Signs,  awn- 
ings, hitching 
posts,  etc. 


Pavements, 
side  walks,  etc. 


Water,  gas, 
sewer,  etc. ; 
connections. 


Slaughter 
houses  and 
unwholesome 
places. 


the  city;  to  license  and  tax  dogs,  and  regulate  and 
prohibit  the  owning  or  harboring  of  the  same,  and  to 
compel  the  registration  thereof,  and  to  require  that 
each  such  dog  so  licensed  and  registered  shall  wear  at 
all  times  a collar  marked  in  such  manner  as  the 
common  council  may  designate. 

13.  To  regulate  the  cleaning  of  the  streets,  alleys, 
lanes  and  public  places,  and  the  sidewalks  and  gutters 
therein ; and  the  removing  of  ice,  hail  and  snow 
therefrom. 

14.  To  regulate  the  use  of  streets  and  sidewalks  for 
signs,  sign-posts,  awnings,  awning-posts,  hitching- 
posts,  horse  troughs,  horse  blocks  and  public  fountains. 

15. "^  To  provide  for  and  regulate  street  pavements, 
crosswalks,  curbstones,  gutter  stones  and  sidewalks, 
and  to  designate  and  determine  the  kind  and  quality  of 
materials  for  the  same  ; to  regulate  and  compel  the 
making  of  the  proper  connections  between  the  premises 
abutting  on  any  street,  or  part  of  a street,  and  any 
water  or  gas  main  or  sewer  or  electrical  conduit 
therein. 

1 6 . To  regulate  the  location  and  erection  of  slaughter 
houses  and  abattoirs  within  the  city  ; to  locate,  regulate 
and  remove  butchers’  stalls,  fertilizer  factories,  soap 
factories,  fish  stands,  livery  stables,  tanneries,  and 
unwholesome  and  noisome  buildings  or  places,  and  to 
compel  the  cleaning  of  the  same  whenever  necessary ; 


*As  amended  by  chap.  531  of  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


53 


to  regulate  and  prohibit  the  construction  of  private  or 

public  sewers,  sinks  and  privies  ; to  prevent  the  sale  ice. 

for  domestic  use  of  ice  frozen  from  dirty  or  impure 

water ; to  prevent  the  adulteration  of  any  article  used  Adulteration 

of  food,  etc. 

for  food  or  drink,  and  provide  for  the  inspection  thereof. 

17.  To  regulate  and  adopt  all  legal  and  necessary  Collection  of 
measures  for  levying  and  collecting  taxes  and 
assessments. 

18.  To  limit  and  define  the  duties  which  are  by  this  Define  official 

duties. 

act  required  to  be  performed  by  the  several  officers  of 

the  city ; to  prescribe  such  other  or  further  duties  to  be 

performed  by  them  or  any  of  them  as  the  common 

council  may  deem  proper ; to  regulate  the  relations  Reg:uiate  offi- 
cial relations. 

between  the  officers  of  the  city  in  respect  to  each  other, 

the  corporation  and  the  public  ; and  to  fix  the  amount  compensa- 
tion not  other- 

of  their  compensation  where  the  same  is  not  otherwise  piovided 
provided  for  by  law  or  this  act. 

19.  To  restrain  and  punish  street  beggars,  vagrants  He^jrars  and 

. vagrants. 

and  mendicants. 


20.  In  relation  to  the  exhibition  of  advertisements  Advertise- 
ment.s. 

or  hand-bills  around  the  streets,  whether  on  horseback, 
in  vehicles  or  on  the  sidewalk,  and  also  in  regard  to 
itinerant  peddlers,  quack  medicine  venders  and  other  Peddlers  and 
hawkers  in  the  public  streets  or  highways  of  the  city. 


21.*  To  license,  regulate  or  prohibit  theatrical  or  Authority 
opera  performances,  concerts,  acrobatic,  circus  or  other  exhibiuons. 

*As  amended  by  chap.  531  of  Laws  of  1893. 


I 


54 


REVISED  CHARTER  OF 


exhibition  of  common  showmen,  public  billiard  rooms 
or  bowling  alleys,  the  advertising  of  curiosities  or  feats 
of  legerdemain  and  necromancy. 


Intoxication  22.  In  relation  to  intoxication,  fighting,  quarreling, 

or  disturbance  ^ ^ ^ 

in  the  streets,  ^nd  the  use  of  blasphemous,  obscene,  or  repulsive  and 
vulgar  language  in  the  streets. 

Fireworks.  23.  In  relation  to  the  use  of  guns,  pistols,  fire-arms, 
fire-crackers,  fire-works  and  detonating  works  of  all 
descriptions  within  the  city. 

Gunpowder  24.*  In  relation  to  keeping  and  storing  of  gunpowder, 

and  other 

explosives  guiicotton,  blasting  powder  and  all  other  dangerous 
and  explosive  materials,  and  to  provide  for  the  inspec- 
tion, forfeiture  or  destruction  of  the  same. 


Public  health. 


Safety  of 
houses. 

Phosphate 

manufacture. 


Manure. 


25.  In  relation  to  the  public  health,  the  prevention 
and  removal  of  nuisances,  the  regulation  of  interments, 
the  safety  and  comfort  of  tenement-houses,  the  business 
of  bone-boiling,  bone-grinding  or  phosphate  manufac- 
turers, and  all  occupations  and  business  noxious  to 
health  or  comfort,  and  the  removal,  keeping  and  deposit 
of  manure. 


Vaults, 
drains,  etc. 


26.  In  relation  to  the  construction,  repairs  and  use 
of  vaults,  cisterns,  areas,  hydrants,  pumps  and  drains. 


Disorderly 
and  gaming 
houses. 


Horse  racing, 
etc. 


27.  To  suppress  and  restrain  disorderly  houses, 
houses  of  ill- fame,  gaming-tables,  ball  alleys,  the 
playing  of  cards  or  games  of  chance,  pool  playing  by 
minors,  horse  racing,  immoderate  driving  and  the 


*As  amended  by  chap.  531  of  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


55 


destruction  of  all  instruments  and  devices 
gaming. 


employed  in  Destruction 
of  gaming 
devices. 


28.  In  relation  to  partition  fences  and  walls. 


Walls  and 
fences. 


29.  In  relation  to  emergencies  of  riot,  pestilences  or  Riots,  etc. 
invasion. 


30.*  To  license  and  regulate  boatmen,  cartmen,  To  license 

owners  and 

draymen,  expressmen,  hackmen,  baggagemen,  cabmen,  drivers  of  ^ 

liverymen  and  owners  and  drivers  of  all  vehicles  for 

the  transportation  of  persons  or  property  for  hire  and 

the  business  conducted  by  such  persons  respectively 

and  to  fix  the  rate  of  compensation  to  be  taken  by 

them,  and  to  require  the  owners  of  carriages  or  other 

vehicles  used  for  the  conveyance  or  transportation  of 

persons  or  property  for  hire,  to  mark  such  vehicles  in  Numbering  of 

such  manner  as  the  common  council  shall  designate  ; to 

license  and  regulate  physicians,  surgeons,  dentists,  physicians, 

faith  cures, 

midwives,  pharmacists,  massagists  and  magnetic  etc. 
healers ; to  license,  regulate  or  prohibit  so-called 
Christian  scientists  and  faith  curers  and  clairvoyants 
and  the  practice  of  their  so-called  science  or  art ; to 
license  and  regulate  plumbers,  peddlers,  hawkers, 
butchers,  junk  dealers  and  keepers  of  intelligence 
offices,  and  the  business  conducted  by  such  persons 
respectively  ; to  license  and  regulate  pawnbrokers  and  „ ^ , 

’ o 1 Pawn  brokers, 

the  business  of  pawnbrokerage  ; and  to  fix  the  rates  to 
be  charged  by  pawnbrokers  in  their  business  ; and  any 
person,  corporation,  member  or  members  of  a copartner- 
ship or  firm  who  loans  money  on  deposit,  or  pledge  of 


*As  amended  by  chap.  531  of  Laws  of  1893. 


56 


REVISED  CHARTER  OF 


Inspection  of 
weights  and 
measures. 


City  elections. 


Peace  and 
order. 


Collection  of 

penalties 

imposed. 


Exercising 
power  con- 
ferred by 
charter. 


Sale  of  farm 
products.  ■ 


Fees  for 
weighing,  etc. 


Public 

markets. 


personal  property,  or  other  valuable  thing  other  than 
securities,  or  printed  or  written,  or  partly  printed  and 
partly  written  evidences  of  indebtedness,  or  who  deals 
in  the  purchase  of  personal  property  or  other  valuable 
thing,  on  condition  of  selling  the  same  back  again  at  a 
stipulated  price,  is  hereby  declared  and  defined  to  be  a 
pawnbroker. 

31.  In  relation  to  the  inspection  of  and  sealing  of 
weights  and  measures  and  enforcing  the  keeping  and 
use  of  proper  weights  and  measures  within  the  city. 

32.  In  relation  to  the  notification,  regulation  and 
protection  of  all  elections  for  city  officers. 

33.  In  relation  to  peace  and  good  order. 

34.  In  relation  to  the  mode  and  manner  of  suing  for, 
collecting  and  disposing  of  the  penalties  provided  for 
the  violation  of  the  ordinances  of  the  city. 

35.  In  relation  to  carrying  into  effect  and  enforcing 
any  of  the  powers,  privileges  and  rights  at  any  time 
granted  or  bestowed  upon,  or  possessed  by  the  said^ 
corporation. 

36.  To  regulate  the  sale  and  place  of  sale  of  wood, 
hay,  straw,  grain,  lumber,  lime  and  all  other  marketa- 
ble articles  from  wagons,  sleighs  and  other  vehicles, 
and  to  fix  the  fees  for  weighing,  selling  or  measuring 
the  same. 

37.  To  regulate  and  designate  public  places  or  mar- 
kets for  the  sale  of  fresh  meats,  fish,  fruit,  poultry,  but- 


THE  CITY  OF  SYRACUSE. 


57 


ter,  cheese,  eggs,  honey,  vegetables,  game,  birds  and 
other  articles  usually  disposed  of  fn 
and  the  fees  for  market  privileges. 


other  articles  usually  disposed  of  from  farmers’  wagons.  Fees  for 

occupancy. 


38. "^  To  license  and  regulate  forestallers,  scalpers.  Ticket  scalp- 

ers, forestall- 

dealers  in  tickets  to  places  of  amusement,  or  tickets  of  ers,  etc. 
railroad  or  other  transportation  companies,  and  persons 
who  make  a business  of  buying  in  whole  or  in  part 
from  farmers,  and  selling  the  article  so  bought  at  ad- 
vanced prices,  and  the  hours  during  the  day  they  will  Hours  to  pur- 
chase and  sell. 

be  permitted  to  purchase  and  sell. 

39.  To  regulate  or  prohibit  swimming  or  bathing  Bathing, 
in  the  waters  in  or  surrounding  the  city,  and  to  estab- 
lish and  regulate  public  baths  or  bathing  places. 

40.  To  regulate  or  prohibit  the  ringing  and  tolling  Beiis,  horns, 
of  bells  ; blowing  of  horns  and  whistles ; flying  of 

kites ; crying  of  goods  and  at  auction  or  sale ; the  im-  Auction  sales, 
pounding  of  cattle,  horses,  sheep,  swine,  geese,  and  impounding 

stray  animals, 

the  sale  of  same  lor  penalties  and  costs ; and  to  pass  hogs,  etc. 
ordinances  in  relation  to  dogs  and  their  destruction,  if 
so  ordered. 

41.  To  regulate  and  carry  into  effect  all  rules  for  the  cemeteries, 
care  and  protection  of  the  cemeteries  in  the  city. 

42.  To  regulate  the  burial  of  the  dead  ; purchase  of  interment  of 
land  for  public  burial  places  ; the  keeping  of  proper 

form  of  vital  statistics ; to  regulate  fees  for  graves ; statistics 
sales  of  lots  ; the  duties  and  qualifications  of  sextons  ; 
the  mode  of  conveying  the  dead  through  the  streets, 


*As  amended  by  chap.  531  of  Laws  of  1893. 


58  REVISED  CHARTER  OF 


and  all  other  matters  connected  with  cemeteries  which 
they  deem  proper. 


Speed  of  43.*  To  Hcense,  re8:ulate  and  control  the  running  of 

engines,  o o 

carnages,  etc.  engines,  horse  cars,  street  cars,  wagons,  carriages, 
bicycles  and  other  vehicles  through  the  city,  and  the 
Registration  rate  of  Speed  of  the  same,  and  to  compel  the  registra- 

and  marking. 

tion  of  such  vehicles,  and  the  marking  of  the  same  as 
the  common  council  may  direct. 


Hotel  porters,  44.  To  prohibit,  regulate  or  license  runners  for 

etc. 

boats,  stages,  railroads,  hotels,  taverns  and  other 
houses. 


Erection  and  45  To  coutrol  and  regulate  the  manner  of  erecting 

removal  of 

buildings.  brick,  stone  or  other  materials  for  walls  of  buildings, 
and  the  thickness  of  the  same,  so  as  to  prohibit  or 
require  the  removal  of  any  such  as  they  may  deem 
dangerous  to  life. 


Demolish  46.  To  raze  or  demolish  any  building  or  erection, 

dangerous 

structures.  which  by  rcason  of  fire  or  any  other  cause  may  become 
dangerous  to  human  life  or  health,  or  may  tend  to 
extend  a conflagration. 


Chimneys,  47.  To  regulate  the  construction  of  chimneys  and 

stores,  etc. 

• the  sweeping  thereof ; to  prevent  the  setting  up  or 

require  the  removal  of  stoves,  pipes,  boilers  and  ovens 
Ashes.  deemed  dangerous ; to  prohibit  and  regulate  the  deposit 

Inspection.  of  aslies ; to  authorize  any  city  officer,  or  any  person  • 
designated  by  them  to  inspect  any  place  or  places  to 

*As  amended  by  chap.  531  of  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


59 


ascertain  whether  the  same  are  in  safe  condition,  and  if 

not,  to  require  the  same  to  be  made  so  ; to  regulate  the  Dangerous 

manufactures. 

carr^dng  on  of  manufactures,  dangerous  in  causing  or 
promoting  fires;  to  extend  and  define,  from  time  to pire limits, etc. 
time,  the  ground  to  be  included  within  the  fire  limits  ; 
to  require,  to  regulate  or  to  permit  all  such  other  acts 
to  be  done  as  they  may  deem  proper  to  prevent  the 
occurrence  or  to  provide  for  the  extinguishment  of 
fires  in  the  city. 


48.  To  prohibit  or  regulate  the  erection  or  construe-  Encroachment 
tion  of  any  stoop,  step,  platform,  bay  window,  cellar,  sidewirks. 
area,  stairs,  descent  or  ascent  into  any  building,  or  any 
erection  or  projection  from  any  building  or  otherwise 
in,  over  or  upon  any  street  or  sidewalk,  or  the  removal 
of  any  house  or  building  over  or  upon  any  street  or 


sidewalk,  or  the  removal  of  any  house  or  building 
through  the  streets  of  the  city. 


Moving  build- 
ings through 
streets. 


49.  To  direct  the  digging  down,  draining  or  filling  piiiing  low 
up  of  lots  whenever  the  same  shall  be  deemed  necessary  ^ 

to  prevent  injury  to  the  streets,  side  or  crosswalks,  or 
to  adjoining  property,  at  the  expense  of  the  owners 
thereof ; to  direct  the  sweeping  and  cleaning  of  the 
streets  by  the  persons  owning  or  occupying  the  premi-  abuufng^prop- 

- . ^ , ertv  owners. 

ses  ironting  thereon. 

50.  To  order  and  regulate  the  planting,  removing, 
rearing,  trimming  and  preserving  of  ornamental  and 
shade  trees  in  the  streets  of  the  city  at  the  expense  of 
the  owners  of  the  property  fronting  thereon,  and  also 
upon  the  parks  and  grounds  of  the  city. 


6o 


REVISED  CHARTER  OF 


Removal  of 
obstructions, 
etc.  in  public 
places. 


Oleomarga- 
rine, etc. 


Removal  of 
fence  or  other 
obstruction 
in  streets. 


Unsafe  walls. 


Nuisances. 


Enforce  ordi- 
nances, etc. 


Require  re- 
ports from 
officers. 


51.  To  prevent,  prohibit  and  cause  the  removal  of 
obstructions  and  incumbrances  in  and  upon  all 
wharves,  streets,  lanes,  public  places  and  sidewalks. 

52.  To  regulate  or  prohibit  the  manufacture  and 
sale  of  oleomargarine,  butterine,  suine  or  other  substi- 
tutes of  butter  made  by  the  natural  process. 

§ 23.  The  common  council  shall  also  have  power  by 
resolution . — 

1.  To  require  any  building,  fence,  or  other  erection, 
which  is  or  may  be  erected,  built,  or  placed  within  the 
line  of  any  street  or  highway  in  the  cit}',  to  be  removed 
therefrom  by  the  owner  or  occupant,  and  in  case  of  his 
neglect  so  to  remove  the  same,  to  cause  its  removal  at 
the  expense  of  such  owner  or  occupant. 

2.  To  compel  the  owners  or  occupants  of  an}'  wall 
or  building  within  the  city  which  may  be  in  a danger- 
ous and  unsafe  condition,  to  render  the  same  safe,  or 
to  take  down  and  remove  the  same  and  prohibit  such 
erections. 

3.  To  require  the  summary  removal  or  abatement  of 
all  nuisances,  or  substances  likely  to  become  such, 
from  any  street,  lot  or  building. 

4.  To  require  the  immediate  enforcement  of  any  or 
all  of  the  ordinances  and  regulations  which  may  from 
time  to  time  be  adopted  by  the  council. 

5.  To  require  any  officer  of  the  city  to  furnisli  re- 
ports, information  or  e.stimates  whenever  deemed 
proper  by  the  council 


THE  CITY  OF  SYRACUSE. 


6l 


6.*  To  designate  two  or  more  daily  newspapers  in 
the  city  for  publishing  all  proceedings,  notices,  reso- 
lutions, ordinances  and  acts  of  the  common  council ; 
such  newspapers  shall  however  be  of  opposite  politics 
and  fairly  represent  the  two  principal  parties  into  which 
the  people  of  the  county  are  divided,  and  all  other 
departments  of  the  city  government  for  a compensa- 
tion annually  to  be  fixed  by  the  common  council. 
Such  publication  shall  be  made  as  the  common  council 
may  direct. 

y.t  To  enter  into  contracts  for  services  or  supplies 
and  order  the  payment  of  the  same  ; to  borrow  money 
or  make  temporary  loans  in  anticipation  of  the  geneial 
tax  levy  or  the  collection  of  taxes  levied  ; to  borrow 
money  or  make  temporary  loans  from  time  to  time  as 
may  be  necessary  to  make  partial  payments,  or  advan- 
ces to  contractors,  or  contracts  for  local  improvements, 
and  the  final  payment  thereon,  in  anticipation  of  the 
levying,  collection  or  payment  of  the  local  assessments 
made  for,  or  the  sale  of  the  bonds  issued  on  account  of 
the  local  improvements  covered  by  said  contracts  ; to 
issue  either  registered  or  coupon  bonds,  to  raise  the 
money  authorized  to  be  borrowed  by  this  subdivision 
and  fix  the  terms  of  payment  and  rate  of  interest 
thereon  ; to  issue  either  registered  or  coupon  bonds, 
under  any  law  heretofore  or  hereafter  enacted,  author- 
izing the  issue  of  bonds  by  said  city,  and  shall  at  the 
recpiest  of  the  holder  of  any  coupon  bonds,  whether 

*As  amended  by  chap.  449  of  the  Laws  of  1888. 

f As  amended  by  chap.  531  of  Laws  of  1893. 


Official 

publications. 


Opposite 

politics. 


Compensation 
fixed  annually 
bv  Council. 


Council  to 
direct 
manner 
of  publication. 


Contracts 
for  supplies. 

Borrowing- 
money,  or 
temporary 
loans. 


Issue  of 
Vjonds. 


62 


REVISED  CHARTER  OF 


Record  of 
bonds 

surrendered, 

etc. 


Proposals 
for  bonds. 


Award  and 
sale  thereof. 


heretofore  or  hereafter  issued,  cause  to  be  issued  and 
delivered  to  the  said  holder,  on  the  delivery  and  sur- 
render to  the  city  thereof,  registered  bonds  of  equal 
amount.  Such  bonds  shall  be  divided  into  and  issued 
in  such  amounts  as  the  said  holder  shall  desire,  pro- 
vided that  the  city  shall  not  be  required  to  issue  any 
bond  for  a less  sum  than  one  thousand  dollars,  and 
provided  further  that  the  bonds  so  issued  shall  be  pay- 
able upon  the  same  terms  and  at  the  same  time  as  the 
bonds  for  which  they  are  exchanged.  The  city  treas- 
urer shall  keep  a record  of  all  bonds  surrendered  for 
exchange,  and  by  whom  surrendered,  and  of  all  bonds 
issued  in  exchange  therefor,  and  to  whom  issued,  con- 
taining the  dates,  numbers  and  the  amounts  of  said 
bonds,  and  a reference  to  the  laws  or  resolutions  under 
which  they  were  issued.  Whenever  the  common  coun- 
cil shall  cause  bonds  to  be  issued  for  the  purpose  of 
raising  money  the  city  treasurer  shall  publish  a notice 
in  five  successive  numbers  of  each  of  the  official  papers, 
Sundays  excepted,  stating  the  amount  of  bonds  to  be 
issued,  their  rate  of  interest,  and  the  time  of  their  pay- 
ment, and  that  sealed  proposals  will  be  received  by 
him  until  a day  specified  in  the  notice,  not  less  than 
ten  days  from  the  first  publication  thereof,  for  all  or 
any  portion  of  the  bonds  issued.  Each  proposal  shall 
state  the  amount  of  the  bonds  desired,  and  the  price  of 
each  one  hundred  dollars  thereof.  On  the  day  speci- 
fied in  the  notice  the  city  treasurer  shall  publicly  open 
the  proposals  and  the  bonds  shall  be  sold  to  the  person, 
or  persons,  whose  bids  are  most  favorable  to  the  city, 
but  no  bonds  shall  be  sold  at  less  than  their  par  value. 


THE  CITY  OF  SYRACUSE.  63 

The  city  treasurer  may  reject  any  and  all  bids  received.  reject 
Nothing  in  this  subdivision  contained  shall  be  con- Proviso  as  to 

awarding 

strued  to  prevent  the  common  council  from  awarding 
any  bonds,  at  their  par  value,  to  the  city  treasurer  in 
trust  for  any  redemption  or  sinking  fund  of  the  city, 
and  as  an  investment  of  said  redemption  or  sinking 
fund  without  advertising ; to  provide  generally  for  the 
welfare  of  the  city. 

8.*  To  require  that  the  telegraph  or  telephone  or  Removal  of 

. , , overhead 

electric  light  wires  or  cables,  or  other  appliances  for  wires, 
conducting  electricity,  and  the  poles  therefor,  hereto- 
fore erected  in  any  street,  alley  or  public  ground,  be 
removed  from  overhead  in  the  street,  alley  or  public 
ground,  or  any  part  thereof  within  a reasonable  time 
not  less  than  six  months  after  the  enactment  of  such  six  months 

notice. 

ordinances,  and  a compliance  with  such  ordinance  in 
respect  to  the  removal  of  poles,  wires,  cables  and  other 
appliances  for  conducting  electrity  from  the  streets, 
alleys  and  public  grounds,  may  be  enforced  by  man- 
damus by  any  court  of  competent  jurisdiction,  upon  Removcai 
the  application  of  the  city  as  relator  ; and  any  com-  Uourt. 
pany  or  corporation  or  indivddual  may  place  its  wires 
and  electrical  conductors  in  conduits  under  the  surface  underground 

conduits, 

of  the  streets,  alleys  or  public  grounds  in  such  man- 
ner  as  not  to  unnecessarily  interfere  with  the  use  ofcoUncuJ^ 
such  streets,  or  alleys,  or  public  grounds  for  local  im- 
provements of  any  character  or  with  the  sewers,  or 
water  or  gas  mains  or  branches  thereof  subject,  how- 
ever, to  such  regulations  and  restrictions  as  the  common 


*As  amended  by  chap.  368  of  the  Laws  of  1887. 


64 


REVISED  CHARTER  OF 


council  may  make  or  impose  in  respect  thereto  for  the 
benefit  of  the  public,  the  city,  or  its  citizens,  provided, 
however,  that  nothing  herein  contained  shall  be  con- 
strued as  authorizing  the  common  council  to  require 
that  any  particular  patent  or  appliance  shall  be  used 
in  the  constructon  of  the  conduits  hereinbefore  pro- 

Condnits  must  vided  for ; and  any  company  or  corporation  or  indi- 

be  removed  . . • . 

when  in  the  vidual  SO  placing  its  wires  under  ground  in  any  street 

way  of  sewers,  a,  <-j 

or  alley  or  public  ground  of  said  cit}^  shall,  upon  notice 
from  the  city  or  any  of  its  departments  that  a local  im- 
provement or  sewer  or  water  main  or  branch  thereof  is 
to  be  constructed  in  such  manner  as  will  necessitate 
the  moving  or  altering  of  the  conduit  or  conduits  of  such 
individual,  company  or  corporation,  move  or  alter  the 
same  at  its  own  expense  so  as  to  permit  the  construc- 

City  to  remove  tion  of  the  improvement  where  ordered;  and  should 

conduits  at  ^ 

own^e”  s^in^case  compaiiy  or  Corporation  omit  to  comply  with  such 

of  refusal.  j^oticc  the  coiiduit  or  conduits  may  be  altered  or  moved 
by  the  city  and  the  costs  and  expense  thereof  recov- 

Erection  of  ered  from  such  individual,  company  or  corporation  ; to 

poles. 

regulate  the  erection  of  telegraph,  electric  light  and 
telephone  poles,  wires,  cables  or  other  electrical  con- 
ductors and  to  require  that  such  wires,  cables  or  other 
electrical  conductors  to  be  placed  under  ground  subject 
to  such  restrictions  and  regulations  as  it  may  impose, 
except  as  hereinbefore  provided. 


Powers  to 
repeal,  make 
or  alter 
ordinance.s, 
&c. 


§ 24.  The  common  council  shall  also  have  power  to 
make,  alter,  establish,  modify,  amend  and  repeal  all 
such  other  ordinances,  rules,  fire  and  police  regula- 
tions, by-laws  and  resolutions  as  they  shall  deem  nec- 


THE  CITY  OF  SYRACUSE.  65 

essary  and  proper,  and  which  are  not  in  violation  of 
the  laws  of  this  State  or  of  the  United  States. 


§ 25.  In  any  and  all  ordinances,  rules,  regulations,  penalty, 
by-laws  and  resolutions,  ordained  or  adopted  by  said 
common  council,  they  may  prescribe  for  every  viola- 
tion thereof  such  penalty  as  they  may  deem  proper  by 
a fine  not  exceeding  one  hundred  dollars,  or  by  im-  Not  exceeding 
prisonment  in  the  penitentiary  of  the  county  not  exceed-  fhretunonths 
ing  three  months,  or  by  both  such  fine  and  imprison- 
ment.  All  fines  received  or  collected  under  the  Fines  to  be 

paid  to 

provisions  of  this  act  shall  be  paid  by  the  officer  receiv-  cit^y  Treas- 
ing  or  collecting  the  same  to  the  city  treasurer. 

§26.*  Every  person  offending  against  or  violating  Misdemeanor, 
any  resolution,  ordinance,  by-law,  rule  or  regulation, 
passed,  or  that  may  hereafter  be  passed  by  said  com- 
mon council,  shall  be  deemed  guilty  of  a misdemeanor. 


§ 27.  Printed  or  written  copies  of  all  or  any  of  the  Copies  of  ordi- 

nances, 

ordinances,  rules,  regulations,  by-laws  and  resolutions  Ma^?  or^city 
passed  by  the  common  council,  and  of  their  minutes Sectas"^"^^ 

1 1-  1-1  /-I  originals. 

and  proceedings,  together  with  any  paper  on  file,  may 
be  read  in  evidence  in  any  court  in  this  State,  when 
attested  by  the  mayor  or  clerk,  under  the  seal  of  the 
city,  to  the  effect  that  the  same  are  true  copies  thereof, 
with  the  same  force  and  effect  as  if  the  originals  were 
produced. 


• §28.  It  shall  be  lawful  for  the  mayor,  any  alder- Authority  to 

make  arrest. 

man,  police  commissioner,  member  of  the  board  of 

*As  amended  by  chap.  449  of  the  Laws  of  1888. 


66 


REVISED  CHARTER  OF 


health,  supervisor,  or  superintendent  of  streets,  and  it 
shall  be  the  duty  of  the  chief  of  police,  and  every 
policeman  and  police  officer  of  the  city,  to  arrest,  detain 
and  take  before  the  police  justice  of  said  city,  or  officer 
acting  as  such,  every  person  whom  they  or  any  of 
them  shall  find  committing  a violation  of  any  ordinance, 
by-law,  rule  or  regulation  passed  or  that  may  hereafter 
be  passed  by  the  common  council  of  said  city. 


§ 29.  No  motion  or  resolution  or  other  action  of  the 
pievaii.  council  shall  pass  unless  with  the  assent  of  a majority 
of  all  the  members  elected  to  the  common  council. 


Ayes  and  nays  Xhe  aycs  and  nays  shall  be  called  and  recorded  on  all 

to  be  recorded 

eSJe^ndit°ureoV  niotions  and  resolutions  authorizing  the  expenditure 
improvement.  collection  of  moiiey  or  the  making  of  local  improve- 
ments or  repairs. 


Mayor  and 
Council  to  act 
as  Commis- 
sioners of 
Highways. 


Authority  to 
open,  regulate 
and  repair 
streets  and 
public  places 
and  sewers. 

To  alter  and 
discontinue 
streets, 
sewers,  side- 
walks, &c. 


Authority  to 
remove  boats 
in  canal,  out- 
side fire  limits. 


^ 30.*  Subject  to  the  provisions  and  limitations  of 
this  act,  the  mayor  and  common  council  within  and 
for  the  city  of  Syracuse  shall  possess  and  may  exercise 
the  powers  of  commissioners  of  highwa3^s  in  towns, 
and  shall  have  authority  to  lay  out,  make,  open,  regu- 
late, repair  and  improve  highways,  streets,  lanes, 
alleys,  bridges,  public  grounds,  sidewalks,  sewers,  gut- 
ters, crosswalks  ; and  alter,  widen,  straighten,  narrow 
and  discontinue  the  same  as  they  may  deem  proper. 
Within  the  fire  limits  of  said  city,  the  mayor  and  com- 
mon council  thereof  are  hereby  authorized,  during  the 
portion  of  every  year  when  the  canal  is  not  open  for 
navigation,  to  regulate  and  control  the  occupancy 


*As  amended  by  chap.  475  of  the  Laws  of  1889. 


THE  CITY  OF  SYRACUSE. 


67 


thereof  by  boats  or  other  structures  not  in  the  actual 
use  or  service  of  the  State  of  New  York  or  any  officer 
thereof. 

§ 31.  They  shall  also  have  power  to  regulate  and  Onondaga 

creek 

improve  the  channel  of  the  Onondaga  creek,  and  to'^^^annei. 
prevent  and  prohibit  encroachments  thereon,  and  to 
clear  out,  deepen  or  improve  the  channel,  and  to  drain 
the  lands  adjacent  thereto,  and  to  require  obstructions 
to  be  removed  from  the  same.  Whenever  said  creek 
shall  be  improved  or  said  lands  drained,  the  proceed- 
ings shall  be  the  same,  as  near  as  may  be,  as  in  the 
case  of  laying  out  streets,  and  the  common  council 
shall  have  the  same  power  to  enter  upon  lands  for  such 
purposes  as  in  the  laying  out  of  streets.  The  powers  Not  to  conflict 

......  . _ , with  existing 

and  duties  by  this  section  conierred  upon  the  common  laws, 
council  in  respect  to  the  Onondaga  creek  shall  not  be 
deemed  to  exclude,  limit  or  modify  the  powers  and 
duties  conferred  upon  the  Onondaga  creek  commission 
by  existing  statutes  which  shall  continue  in  force. 


TITLE  V. 

CITY  OFFICERS — TIIEIR  DUTIES. 

§ 32.*  The  Mayor. — At  the  next  charter  election  Mayor, 
after  the  passage  of  this  act,  and  thereafter,  the  mayor 
shall  be  elected  and  hold  his  office  for  the  term  of  two  , 
years.  He  shall  receive  an  annual  salary  of  twenty-  salary, 
five  hundred  dollars,  which  shall  be  in  full  compensa- 


*As  amended  by  chap.  475  of  the  Laws  of  i88g. 


68 


REVISED  CHARTER  OF 


Mayor’s  office. 
Hours  open. 


Salary  of 
Mayor’s  Clerk. 


Mayor  to  sign 
deeds  and 
contracts. 


Has  power  of 
Justices  of  the 
Peace  in  cer- 
tain cases. 


To  try  com- 
plaints against 
any  officer  of 
city,  and 
impose  fine. 


May  examine 
books,  etc. 


Statement  to 
Council. 


tion  for  all  services  performed  by  him.  He  shall  have 
his  office  in  the  city  hall,  which  shall  be  open  daily 
(Sundays  and  legal  holidays  excepted)  for  the  transac- 
tion of  business,  from  ten  o’clock  until  noon  in  the 
forenoon,  and  from  two  o’clock  until  four  o’clock  in 
the  afternoon.  The  annual  salary  of  the  ma5^or’s  clerk 
shall  be  fixed  by  the  common  council,  and  shall  not 
exceed  eight  hundred  dollars. 

§ 33.  He  shall  sign  all  deeds  and  contracts  made  and 
entered  into  by  the  city,  and  caused  to  be  affixed 
thereto  the  city  seal.  In  addition  to  the  powders  con- 
ferred by  law  upon  the  mayors  of  cities,  he  shall  possess 
all  the  jurisdiction  and  exercise  all  the  powers  and 
authority  of  a justice  of  the  peace  in  actions  for  the 
violation  of  ordinances,  laws,  resolutions,  rules  and 
regulations  of  the  common  council  and  board  of  health 
of  the  city  of  Syracuse. 

§ 34.*  He  shall  have  power  summarily  to  hear,  try 
and  determine  any  complaints  against  any  officer  of  the 
city  for  misconduct,  or  any  neglect  of  duty,  and  upon 
conviction  inflict  a fine  thereupon,  not  exceeding  twen- 
ty-five dollars,  and  issue  his  warrant  for  the  collection 
thereof.  He  shall  also  have  power  at  all  times  to  exam- 
ine the  books,  vouchers  and  papers  of  any  officer  or 
employee  of  said  city,  and  to  summon  and  examine 
under  oath  any  person  connected  therewith. 

§ 35.  It  shall  be  his  duty  to  communicate  to  the 
common  council  at  the  first  meeting  after  his  election. 


*As  amended  by  chap.  626  of  Laws  of  1892. 


THE  CITY  OF  SYRACUSE. 


69 


and  oftener  if  he  deem  it  expedient,  a general  state- 
ment of  the  affairs  of  the  city  in  relation  to  its  finances, 
government  and  improvement,  with  such  recommen- 
dations as  he  may  deem  proper ; to  take  care  that  the  to  see  that 

laws,  ordi- 

laws  of  the  State  and  the  ordinances  and  regulations  of  nances,  &c., 

are  enforced. 

the  common  council  and  board  of  health  are  faithfully 
executed  ; to  exercise  a constant  supervision  and  con-  supervise 

subordinate 

trol  over  the  conduct  of  all  subordinate  officers,  and  on  officers  and  to 

suspend  them. 

being  satisfied  that  any  such  officer  has  been  guilty  of 
official  misconduct  or  neglect  of  duty,  to  suspend  such 
officer  until  the  next  meeting  of  the  council,  and  to 
perform  any  and  all  of  the  duties  imposed  upon  him  by 
this  act,  or  by  resolution,  ordinance,  regulation  or  by- 
laws of  the  council.  It  shall  be  his  duty  generally  to  Peace'^and 
maintain  the  peace,  good  order  and  prosperity  of  the 
city. 

§ 36.  He  shall  have  power  to  call  out  and  command  Authority 

over  police 

the  police  and  firemen,  whenever  in  his  discretion  he  and  firemen, 
shall  deem  it  necessary,  and  such  command  shall  be  in 
all  respects  obeyed. 

§ 37.  He  shall  have  power  and  may  appoint  such  Appoint 

special 

number  of  special  policemen  as  he  may  deem  necessary  policemen, 
or  expedient,  and  such  special  policemen  shall  have 
authority  to  make  arrests  for  drunkenness  or  disorderly 
conduct  or  other  offenses  against  peace  and  good  order,  com'pen- 
but  such  special  policemen  shall  not  be  entitled  to  com- 
pensation  by  the  city  of  Syracuse  for  their  services. 

Said  special  policemen  shall  be  under  the  control  of  the  under  control 

* , . fY'  1 1 * • • 1 • the  police 

police  onicers  and  police  commissioners  of  the  city.  department. 


70 


REVISED  CHARTER  OF 


President 
of  Council. 


Term  of  office. 


City  Clerk. 


Term  of  office 


Corporate  seal 
and  public 
records. 


Countersign 
all  licenses. 


Proceedings 
of  Council. 
Copies  of 
assessment 
rolls. 


Annual  report* 


^ 38.*  President  OF  the  Council.— The  president 
of  the  council  shall  be  appointed  by  the  common  coun- 
cil at  the  annual  meeting  on  the  first  Monday  after  the 
charter  election  in  each  year  or  as  soon  thereafter  as 
practicable,  from  the  number  of  the  aldermen  compos- 
ing said  council,  and  the  -term  of  office  shall  be  one 
year.  He  shall  preside  at  all  meetings  of  the  common 
council,  and  in  his  absence,  a president  pro  tempore 
shall  be  chosen.  The  term  of  office  of  president  of  the 
council,  appointed  in  the  year  eighteen  hundred  and 
ninety- two  shall  expire  at  the  time  of  the  annual  meet- 
ing on  the  first  Monday  after  the  charter  election  for 
the  year  eighteen  hundred  and  ninety- three. 

§ 39.  City  Clerk. — The  city  clerk  shall  be  ap- 
pointed by  the  common  council,  and  the  term  of  office 
shall  be  three  years. 

§ 40.  He  shall  in  addition  to  the  duties  in  this  act 
required  of  him,  have  charge  of  the  corporate  seal, 
books,  papers,  documents  and  official  minutes  of  the 
city,  except  as  herein  otherwise  provided.  He  shall 
countersign  all  licenses  granted  by  the  mayor,  and 
keep  a record  of  the  proceedings  of  the  common  coun- 
cil, and  cause  to  be  made  copies  of  asse.ssment- rolls, 
and  perform  such  other  duties  as  are  required  by  this 
act  or  that  may  be  required  by  the  mayor  or  common 
council. 


§41.  He  shall  at  the  first  meeting  of  the  council  in 
April  of  each  year  render  a full  and  detailed  statement 

*As  amended  by  chap.  626  of  Laws  of  1892. 


THE  CITY  OF  SYRACUSE. 


71 


of  the  amount  of  the  funded  debt,  the  amount  falling 
due  in  installments  during  the  year,  the  amount  of 
interest  due  and  to  become  due  in  said  year,  the 
amount,  if  any,  of  the  floating  debt  of  the  city,  the 
resources  of  the  city  other  than  from  taxes,  and  the 
sums  due  and  to  become  due  on  all  contracts  entered 
into  by  the  city. 

§ 42.  He  shall  also  at  the  first  meeting  of  the  com- statement  of 

expenditures. 

mon  council  in  each  month  render  a statement  of  all 
sums  expended  during  the  current  year  for  any  and 
all  purposes  to  the  date  of  such  statement,  which  shall  Published 

monthly. 

be  published  monthly  with  the  official  proceedings. 

§ 43.  He  shall  draw  all  warrants  on  the  city  treas- Draw  all 

warrants. 

urer  for  the  payment  of  moneys  legally  ordered  by  the 
council  and  approved  by  the  mayor.  Such  warrants 
shall  be  signed  by  the  clerk  and  countersigned  by  the 
mayor,  and  in  such  form  as  may  be  prescribed  by  the 
council  He  shall  provide  a book  in  which  shall  be  provide 

books,  etc. 

registered  every  warrant  countersigned  by  the  mayor. 

§ 44.  It  shall  be  his  duty  to  advertise  for  and  receive  Advertise  for 

1 r 11  1 11  -1  supplies,  etc. 

proposals  lor  all  work  to  be  done,  or  materials  or  sup- 
plies to  be  furnished  the  city  by  contract,  and  report 
the  same  to  the  common  council. 

§ 45  He  shall  also  be,  ex-officio,  clerk  of  the  board  ^lerk of  Board 
of  city  auditors  and  of  the  board  of  health  of  said  city, 
and  perform  such  duties  incident  thereto  as  may  be 
required  by  said  boards. 


72 


REVISED  CHARTER  OF 


City  Engineer. 
Term  of  office. 


Office  and 
office  hours. 


To  keep 
records,  maps, 
etc. 


To  e.stablish 
grades. 


To  make 
maps,  surveys, 
estimates  and 
reports,  when 
required  by 
Common 
Council  or 
Commissioner 
of  Public 
Works. 

Services  in 
opening 
streets,  &c. 


Time  devoted 
to  city 
business. 

All  fees  to  be 
paid  into  city 
treasury. 


§ 46.  City  Engineer. — The  mayor  shall  appoint 
the  city  engineer,  and  the  term  of  office  shall  be  one 
year.  He  shall  keep  his  office  in  the  city  hall,  and 
shall  attend  there  personally  each  day  at  certain  hours, 
of  which  public  notice  shall  be  given.  He  shall  keep 
there  a book  of  records  in  which  he  shall  enter  the  sur- 
vey and  map  of  every  street,  park,  cemetery,  avenue 
or  lane,  and  the  grade  thereof,  and  the  sidewalk,  sew- 
ers and  inlets  which  are  or  may  be  established  by  the 
common  council.  Such  book  shall  be  properly  indexed 
by  him  and  transmitted,  with  all  other  matters  pertain- 
ing to  his  office,  to  his  successor. 

§ 47.*  He  shall,  under  the  general  direction  of  the 
common  council,  establish  the  grades  of  all  streets, 
avenues,  sidewalks,  and  crosswalks,  gutters,  sewers 
and  inlets,  and  shall  make  and  furnish  all  such  maps, 
measurements,  surveys,  estimates  and  reports  with 
reference  to  all  work  done  or  proposed,  upon  or  within 
the  same  as  the  common  council  or  the  commissioner 
of  public  works  may  require.  He  shall  render  such 
services  as  may  be  provided  by  law^  or  ma}"  be  directed 
by  the  common  council,  concerning  the  opening,  nar- 
rowdng,  or  clo.sing  of  any  street  or  public  place  ; and 
such  other  services  as  the  common  council  may  direct. 
He  shall  devote  his  time  and  .services  exclusively  to  the 
business  of  the  city,  and  for  its  benefit.  All  fees 
charged  or  compensation  received  by  him  for  services 
rendered  for  individuals  during  his  term  of  office  shall 
be  paid  by  him  to  the  city  treasurer  to  the  credit  of  the 
contingent  fund. 

*As  amended  by  chap.  475  of  the  Laws  of  i88g. 


THE  CITY  OF  SYRACUSE. 


73 


^ 48.*  Commissioner  of  Public  Works. — The  commissioner 

of  Public 

mayor  shall  appoint  a commissioner  of  public  works, 
who  shall  hold  office  for  a term  of  two  years,  and  until 
his  successor  shall  be  appointed.  He  shall  receive  a 
salary  of  three  thousand  five  hundred  dollars  a year,  salary, 
and  in  addition  thereto,  the  sum  of  five  hundred  dol- 
lars a year  for  the  maintenance  of  a horse  and  wagon  Maintenance 

of  horse  and 

for  the  use  of  himself  and  deputy,  in  the  discharge  w^gon. 
of  their  official  duties.  He  may  appoint,  with  the  May  appoint 

deputy. 

approval  of  the  mayor,  one  deputy,  to  hold  his  office  Term.' 
during  the  pleasure  of  the  commissioner,  and  who 
shall  perform  such  services,  as  the  commissioner  may 
direct.  The  deputy  shall  receive  a salarv  of  one  thous-  ^‘Cary  of 

^ deputy. 

and  two  hundred  dollars  a year.  He  may  also  appoint  superinten- 
two  superintendents  of  repairs,  who  shall  each  receive  l-epai’rs.^  May 

appoint  two. 

a salary  not  to  exceed  eight  hundred  dollars  per  year,  salaries. 

The  said  commis.sioner  may  employ  such  laborers  and  employ 
teams  as  he  shall  deem  necessary,  to  keep  the  streets, 

, Clean  and 

squares  and  public  places  in  proper  repair  and  con-  repair  streets, 

cKrc. 

dition  ; to  be  paid  weekly,  out  of  the  highway  fund  of  weekly 
said  city  by  the  city  treasurer,  upon  the  certificate  of  waV'fun'd.^^' 
the  said  commissioner,  stating  the  time,  place,  nature 
and  value  of  the  .services  rendered  by  them  respectivel)L 
He  shall  also  report  to  the  common  council  at  each  Report  at  each 
regular  meeting  the  names  of  the  persons  .so  employed,  Comnmn'^ 

Council. 

the  length  of  time  of  employment,  the  place  or  jilaces 
where  employed  the  nature  of  the  eniplo3mient  and 
the  price  or  prices  to  be  paid  therefor.  The  .said  com-  employ 
inissioner  may,  irom  time  to  time,  employ  such  addi-  local  work, 
tional  help  as  may  be  necessary  to  .secure  the  thorough 
*As  amended  by  chap.  475  of  the  Laws  of  1889. 


74 


REVISED  CHARTER  OF 


Three  dollars 
per  day. 


Report 
expense  of 
inspection  to 
Common 
Council. 


Expense 
added  to  cost  • 
of  local 
improve- 
ments. 

City  Treas- 
urer to  pay 
inspectors  out 
of  moneys 
received  from 
local  assess- 
ments. 


Diities. 

To  supervise 
all  ordinary 
repairs  and 
improvements 
of  street.s, 
sewers,  &c. 


Lighting 
streets. 
Cleaning 
streets,  &c., 
except  other- 
wise con- 
tracted. 


inspection  and  examination  of  all  work  in  progress 
under  his  supervision  which  is  to  be  paid  for  in  whole 
or  in  part  by  local  assessment ; provided  that  the  cost 
of  such  inspection  and  examination  shall  not  exceed 
the  sum  of  three  dollars  per  day  for  each  separate  job 
or  improvement,  during  the  continuance  thereof.  The 
expense  of  such  inspection  and  examination,  at  the 
completion  of  the  work  for  which  the  same  was  fur- 
nished, together  with  the  name  of  the  inspector  and 
the  day  of  service  rendered  by  him,  shall  be  reported 
to  the  common  council  by  the  said  commissioner  and 
such  expense  shall  be  added  to  and  collected  as  a part 
of  the  cost  of  the  work  or  improvement  to  which  such 
inspection  shall  belong.  Upon  the  certificate  of  the 
said  commissioner  the  inspectors  shall  receive  their 
compensation  for  the  services  rendered,  from  the  city 
treasury,  out  of  the  moneys  received  and  collected  for 
the  improvement  to  which  the  same  may  be  properly 
chargeable. 

§ 49.*  DutiEvS  of  the  Commissioner  of  Public 
Works  : — i.  The  commissioner  of  public  works  shall 
have  the  supervision  and  control  of  all  ordinary  repairs 
of  and  improvements  upon  the  streets,  avenues,  alleys, 
lanes,  parks  and  public  places  in  said  city,  including 
sewers,  gutters,  sidewalks,  crosswalks,  culverts  and 
bridges  maintained  by  the  city ; and  of  the  cleaning 
and  lighting  of  all  such  streets,  avenues,  lanes,  parks 
and  public  places,  sidewalks,  crosswalks,  culverts  and 
bridges  in  said  city  as  shall  not  be  included  in  any  con-'^ 


*As  amended  by  chap.  475  of  the  Laws  of  1889. 


THE  CITY  OF  SYRACUSE. 


75 


tract  let  by  authority  of  the  common  council  for  that 
purpose.  It  shall  be  the  duty  of  the  said  commissioner  inspect 

streets, 

to  inspect  from  time  to  time  the  streets,  avenues,  -sewers,  brid- 
alleys,  lanes,  parks,  public  places,  sidewalks,  cross- 
walks,  sewers,  gutters,  culverts  and  bridges  main- 
tained by  the  city,  and  to  see  that  the  same  are  kept 
free  from  obstruction  and  in  good  condition  and  repair. 

He  shall  also,  under  direction  of  the  common  council.  Locate 

crosswalks. 

locate  and  supervise  the  construction  of  all  crosswalks 
in  the  streets  of  said  city,  and  shall  perform  such  other 
duties  as  may  from  time  to  time  be  required  by  the 
mayor  and  common  council.  He  shall  have  no  power  to 

. , . , T . contract  any 

to  contract  any  debt  or  liability  on  the  part  oi  said  city,  liability,  ex- 
cept by  order 

except  by  resolution  of  the  common  council,  authoriz- 

^ ^ council. 

ing  him  to  do  so. 


2.  The  comniis.sioner  of  public  works  shall  also  have  Supervise  and 

control  of  all 

the  superintendence  and  control  of  all  work  done  under  p^^biic  work. 

any  contract  with  said  city  for  any  local  improvement 

ordered  by  the  common  council  under  the  provisions  of 

title  nine  or  title  ten  of  said  chapter  ; and  of  all  public 

work  to  be  performed  within  or  upon  any  of  the  public 

streets,  avenues,  alleys,  lanes,  parks  and  public  places 

of  said  city.  He  .shall  also,  under  general  ordinances  Supervise  and 

regulate 

of  the  common  council,  supervise  and  regulate  the 
lighting  of  all  streets,  alleys,  avenues  and  public 
places,  and  keep  in  repair  all  lamps  and  other  appli- 
ances, u.sed  by  the  city  for  such  lighting  and  cau.se 

the  same  to  be  lighted  and  extinguished  ; and  shall  ports  to  com- 
mon council  of 

monthly,  and  as  often  as  the  common  council  may  >'ghting, 

cleaning  and 

direct,  report  to  that  body  as  to  the  performance  by  srix.ei!'&c. 


Police  to 
report  to  com- 
missioner, vio- 
lations of  any 
contracts. 


Commissioner 
to  certify  to 
common  coun- 
cil, relative  to 
contract  work. 


Copies  of  con- 
tracts, &c.,  to 
be  furnished 
b}''  city  clerk. 


To  file  certifi- 
cate upon  com- 
pletion of 
contracts. 


Eng-ineer  to 
furnish  plans, 
estimates,  &c., 
and  make 
measure- 
ments, &c. 


76  REVISED  CHARTER  OF 

any  person,  company  or  corporation  of  any  contract 
with  said  city  for  the  lighting,  cleaning  or  sprinkling 
of  said  streets,  avenues,  alleys  and  public  places  or  any 
. part  thereof.  The  police  of  said  city  shall  report  to 
him  from  time  to  time,  as  he  may  require,  all  viola- 
tions or  failures  of  performance  of  any  such  contract. 
All  work  done  under  any  contract  with  or  authorized 
by  the  common  council  of  said  city  shall,  before  it  is 
accepted,  be  certified  to  by  the  said  commissioner  of 
public  works,  to  the  effect  that  such  work  has  been 
done  in  a good  and  substantial  manner,  with  the  ma- 
terials required  and  of  the  quality  prescribed  and  in 
the  manner  directed  in  and  by  the  terms  of  the  con- 
tract, under  which  the  same  was  done.  It  shall  be 
the  duty  of  the  city  clerk,  as  soon  as  practicable,  after 
any  contract  with  the  city  shall  have  been  signed  by 
the  contractor,  to  furnish  to  the  said  commissioner  of 
public  works  a certified  copy  of  the  contract,  under 
which  the  said  work  is  to  be  done,  together  with  a 
cop5^  of  the  resolution  or  ordinance  of  the  common 
council,  directing  the  work  to  be  done.  It  shall  be 
the  duty  of  the  said  commissioner  within  ten  days 
after  the  completion  of  any  such  work  to  file  a certifi- 
cate of  such  completion  with  the  city  clerk,  to  be  re- 
ported to  the  common  council ; such  certificate  .shall 
state  in  substance  that  such  work  has  been  duly  exam- 
ined by  .said  commissioner,  and  that  the  same  has  been 
performed  in  accordance  with  the  terms  of  the  contract 
therefor.  To  facilitate  the  performance  of  the  dutieSs^ 
imposed  by  subdivision  two  of  this  section,  it  shall  be 
the  duty  of  the  city  engineer,  upon  request  of  the  .said 


THE  CITY  OF  SYRACUSE. 


77 


commissioner,  to  furnish  him  with  copies  of  any  plans, 
specifications  or  estimates,  and  to  make  such  examina- 
tions and  measurements  as  he  may  require  and  furnish 

him  a written  report  thereof.  It  shall  be  the  duty  of  Common  coun- 
cil to  furnish 

the  common  council  of  said  city  upon  the  requisition 
of  the  commissioner  of  public  works  to  furnish  such 
materials,  tools  and  implements  as  he  may  require 
from  time  to  time  for  the  performance  of  his  official 
duties.  Upon  the  appointment  of  a commissioner  of  office  of 

superintend- 

public  works  under  the  provisions  of  this  act,  the  office  ^^oiished^^^^ 

of  superintendent  of  streets  of  said  city  shall  cease  and 

determine,  and  all  property  in  the  possession  of  said 

superintendent  belonging  to  said  city  shall  be  delivered 

by  him,  with  an  inventory  thereof,  to  the  said  com- To  give  re- 
ceipt for  all 

missioner  who  shall  give  his  receipt  therefor,  to  be  charge 
filed  in  the  office  of  the  city  clerk  of  said  city,  a like 
delivery  shall  be  made  and  receipt  given  and  filed  upon 
the  appointment  of  every  succeeding  commissioner  of 
public  works. 

^50.  PoijCE  Justice. — The  term  of  office  of  the  police  justice, 
police  justice  shall  commence  on  the  first  day  of 
January  next  after  his  election  and  continue  four  years.  Term  of 

office  and 

the  election  of  police  justice  to  be  at  tlie  next  cliarter  election, 
election  preceding  the  expiration  of  the  term  of  office 
of  the  incumbent. 

§ 51.  Vacancies  in  said  office  may  be  filled  by  the  Vacancies, 

how  filled. 

common  council  on  the  nomination  of  the  mayor,  and 
the  term  of  office  of  the  person  appointed  to  fill  such 
vacancy  shall  expire  on  the  last  day  of  December  next 
after  the  first  charter  election  succeeding  such  vacancy. 


78 


REVISED  CHARTER  OF 


May  hold 
courts  of 
special 
sessions. 

§52.  The  police  justice  of  said  city  is  hereby  em- 
powered to  hold  courts  of  special  sessions  for  the  trial 
of  all  offenses  triable  in  a court  of  special  sessions,  and 
shall  have  the  powers  and  jurisdiction  conferred  upon 
courts  of  special  sessions  by  title  six,  chapter  one,  sec- 
tion fifty-six  of  the  Code  of  Criminal  Procedure. 

Power  to  try 

certain 

offenses. 

§ 53.  He  shall  also  have  powder  to  try  the  following 
offenses  committed  within  his  jurisdiction,  namely:  all 
cases  of  malicious  mischief  or  injury;  all  offenses 
against  public  decency;  selling  unwholesome  provisions; 
breaches  of  the  peace ; cruelty  to  animals ; disobeying 
the  commands  of  police  officers  to  render  assistance  in 
criminal  cases;  all  violations  of  the  laws  and  ordinances 

Misde- 

meanors. 

of  the  cit}"  of  S3^racuse,  and  the  board  of  health  thereof, 
and  all  offenses  of  the  grade  of  misdemeanor  under  the 

laws  of  the  State  of  New  York. 

Salary. 

§ 54."^  The  salary  of  the  police  justice  shall  be 
twenty-two  hundred  dollars  per  annum,  to  be  paid  by 
the  city  treasurer  upon  the  warrant  of  the  board  of  city 

auditors. 

Justices  of  the  ^55.t  JUSTICES  OF  THE  PEACE. — The  Several  jus- 


Term  of 
•office. 

tices  of  the  peace  of  the  city  of  Syracuse,  now  holding 
office,  shall  remain  in  office  until  the  expiration  of  the 
terms  for  which  they  were  respectively  elected.  The 
terms  of  office  of  justices  of  the  peace  shall  commence 
on  the  first  day  of  January  next  after  their  election,  and 

*Note. — See  section  131,  relative  to  board  of  city  auditors.  \ 

fOffice  abolished  and  act  repealed  by  chap.  342  of  the  Laws  of 
1892. 

THE  CITY  OF  SYRACUSE. 


79 


shall  continue  for  four  years,  except  that  in  case  of  Common 

' *■  council  shall 

vacancy  the  common  council  shall  appoint  until  the  vacancy, 
next  charter  election,  and  the  person  then  elected  shall 
hold  office  for  the  balance  of  the  unexpired  term. 

§56.*  They  shall  possess  the  powers  and  perform  jurisdiction, 
the  duties  of  justices  of  the  peace  of  towns,  but  shall 
have  no  jurisdiction  in  criminal  cases,  excepting  in 
bastardy  proceedings.  In  the  absence  or  disability  of 
the  police  justice,  any  justice  of  the  peace  of  said  city  Justice, 
may  perform  his  duties  upon  request  and  designation 
of  the  police  justice  or  of  the  mayor.  This  amendment 
shall  not  abridge  any  of  the  rights,  powers  or  duties  of 
any  person  elected  to  or  now  holding  the  office  of  justice 
of  the  peace  in  said  city. 

§ 57.  Clerk  OF  Police  Justice. — The  police  iustice  cierk 

' -V  of  Police 

of  said  city  shall  appoint  a clerk,  who  shall  receive  a 
salary  of  seventy-five  dollars  a month  to  be  paid  in  the  Salary, 
same  manner  as  the  salary  of  the  police  justice,  and  Term  of  office, 
hold  his  office  for  the  term  of  one  year,  beginning  on 
the  first  day  of  January. 

§58.  Before  entering  upon  his  duties  he  shall  exe- To  give  bond, 
cute  and  file  with  the  city  clerk  a bond,  with  one  or 
more  sureties,  in  the  penal  sum  of  one  thousand  dol- 
lars, to  be  approved  by  the  mayor  of  said  city,  and  Mayor  to 

approve  bond. 

conditioned  for  the  faithful  discharge  of  the  duties  of 
his  office. 

*As  amended  by  chap.  368  of  the  Laws  of  1887,  and  chap  449 
of  the  Laws  of  1888,  and  becomes  repealed  by  chap.  342  of  Laws 
of  1892,  (office  abolished  by  this  act.) 


8o 


REVISED  CHARTER  OF 


Records  to  be 
kept  by  clerk. 


To  receive 
costs,  fines, &c. 


Deposit  of 
fines,  costs,  &c. 


Records  and 
account  of 
moneys  to  be 
presented  to 
common 
council. 


Corporation 
counsel. 
Mayor  to 
appoint. 

Term  of  office 
Duties. 


To  certify  to 
contracts, 
bonds,  deeds, 
&c. 


§ 59.  He  shall  keep  a faithful  record  of  the  proceed- 
dings  of  the  police  court  and  the  business  pertaining  to 
the  office  of  police  justice,  which  record  shall  always  be 
open  to  public  inspection,  and  shall  properly  file  and 
keep  all  bonds,  papers  and  documents  pertaining  to 
said  office. 

§ 60.*  He  shall  also  receive  all  costs,  fines,  penalties 
and  dues  of  every  description,  and  he  shall  pay  over  to 
the  city  treasurer,  from  day  to  day,  to  the  credit  of  the 
contingent  fund,  all  moneys  received  by  him,  and  take 
his  receipt  therefor.  It  shall  be  his  duty  to  present  all 
records  kept  b}^  him,  and  all  accounts  of  moneys  re- 
ceived by  him,  and  of  any  other  matters  pertaining  to 
his  office,  to  the  common  council  at  such  times  as  it 
may  require  or  prescribe. 

§61.*  Corporation  Counsel. — The  mayor  shall 
appoint  the  corporation  counsel  and  the  term  of  his 
office  shall  be  two  years.  It  shall  be  his  duty  to  pros- 
ecute and  defend  all  civil  actions  and  proceedings  by 
and  against  .said  city  and  every  department  thereof; 
and  to  perform  such  other  professional  services  relat- 
ing to  the  affairs  of  said  city  as  the  mayor  may  direct. 
No  written  contract  providing  for  the  payment  of  two 
hundred  and  fifty  dollars  or  more  shall  be  entered  into 
by  any  officer  or  department  until  there  shall  be  in- 
dorsed thereon  a certificate  of  the  corporation  counsel 
to  the  effect  that  such  contract  is  in  proper  form  and  is 
duly  authorized ; nor  shall  any  contract,  bond,  deed. 


*As  amended  by  chap.  475  of  the  Laws  of  i88g. 


THE  CITY  OF  SYRACUSE. 


8l 


or  obligation,  be  accepted  on  behalf  of  said  city  or  any 
officer  or  department  thereof,  until  his  certificate  is  first 
indorsed  thereon  to  the  effect  that  the  same  is  in  proper 
form  and  duly  executed.  He  shall  receive  a salary  to  Salary, 

how  fixed. 

be  fixed  annually  by  the  common  council,  and  shall 
also  be  entitled  to  retain  the  costs  in  suits  and  proceed-  To  retain 

costs,  &c.,  re- 

ings  in  which  the  city  shall  prevail,  and  which  shall 
be  collected  from  the  adverse  party.  No  action  shall 
be  commenced  by  the  corporation  counsel  unless  di- Mayor,  to 

direct  com- 

rected  by  the  mayor.  The  present  city  attorney,  with- 
out  further  appointment  or  qualification,  shall  continue 
in  office  as  the  corporation  counsel  until  the  expiration 
of  the  term  for  which  he  was  appointed.  Upon  the 
qualification  of  any  person  or  corporation  counsel,  he  corporation 

counsel,  to  be 

shall  be  deemed  substituted  as  attorney  in  place  of  his  ^^’^^ituted  in. 
predecessor  in  all  suits  and  proceeding,  by  or  against 
the  city  or  any  department  thereof. 

§ 62  * CoMMiSvSiONERS  OF  DEEDS. — The  coiiimon  Commissioner 

of  deetls,  how 

council  shall  have  power  to  appoint  two  hundred  and  ^pp^^^Ted. 

^ ^ ^ Number. 

fifty  commivssioners  of  deeds  for  .said  city,  to  hold  their 
offices  for  a term  of  two  years,  from  the  thirtieth  day 
of  January  last,  and  from  time  to  time  fill  vacancies 
and  appoint  successors  for  a term  of  two  years.  The 

Vacancies, 

persons  now  in  office  as  commissioners  of  deeds  within  liiied. 
and  for  said  city  shall  be  considered  a part  of  the  two 
hundred  and  fifty  commissioners  hereby  authorized. 

Such  commissioners  of  deeds,  the  justices  of  the  peace,  power  of. 
the  mayor,  aldermen,  police  justice,  city  treasurer,  the 
corporation  counsel  and  the  clerk  of  said  city  shall  have 

*As  amended  by  chap.  475  of  tlie  Laws  of  1889, 

G 


82 


REVISED  CHARTER  OF 


Term  of  over- 
seer of  poor. 


Duties  and 
powers. 


Overseer  to 

appoint 

assistant. 

Term  of  office. 


Duties  of 
assistant. 


Salary  of 
overseer. 


the  same  power  as  justices  of  the  peace  in  the  towns 
and  counties  of  this  State,  to  administer  oaths,  take 
and  certify  proofs  and  acknowledgments  of  deeds, 
mortgages,  bonds  and  other  papers,  and  to  take  and 
certify  affidavits. 

§63."^  The  Overseer  of  the  Poor  and  Assist- 
ant Overseer. — The  overseer  of  the  poor  of  said 
city  shall  hold  his  office  for  two  years,  provided  that 
the  overseer  of  the  poor  elected  in  the  in*  the*  year 
eighteen  hundred  and  ninety-three  shall  hold  his  office 
for  one  year  and  thereafter  the  term  of  said  office  shall 
be  two  years ; he  shall  possess  and  exercise  all  the 
powers  ^and  authority  of  overseers  of  the  poor  in  the 
several  towns  of  Onondaga  county,  and  shall  be  sub- 
ject to  the  same  duties,  obligations  and  liabilities.  He 
shall  also  have  the  same  power  within  his  jurisdiction 
in  respect  to  the  settlement  of  bastardy  cases  as  is  now 
possessed  by  the  superintendent  of  the  poor  in  the 
county  of  Onondaga. 

§ 64.1  The  overseer  of  the  poor  shall  have  authority 
to  appoint  an  assistant  overseer,  whose  term  of  office 
shall  expire  at  the  end  of  the  term  of  the  overseer  of 
the  poor  who  appointed  him.  The  assistant  overseer 
shall  perform  such  duties  as  the  overseer  may  direct. 

§ 65.t  The  salary  of  the  overseer  of  the  poor  shall  be 

*As  amended  by  chap.  449  of  the  Laws  of  1888  and  chap.  495  of 
the  Laws  of  1893. 

*So  in  the  original. 

f As  amended  by  chap.  475  of  the  Laws  of  1889. 


THE  CITY  OF  SYRACUSE. 


83 


two  thousand  dollars ; in  addition  to  which  he  shall  be  Maintenance 

of  horse,  &c, 

entitled  to  the  sum  of  four  hundred  dollars  to  pay  for 

the  maintenance  of  a horse  and  wagon.  The  salary  of  Salary  of 

assistant. 

the  assistant  ovenseer  of  the  poor  shall  be  one  thousand 
three  hundred  dollars. 


§66.  The  overseer  of  the  poor  and  the  assistant  Power  of  over- 
seer and 

overseer  shall  each  have  power  to  administer  oaths  and 
take  affidavits  in  all  matters  pertaining  to  the  duties  of 
their  office,  and  to  elicit  statements  of  facts  from  appli- 
cants for  relief ; and  any  willful  false  swearing  in  any 
affidavit  so  taken  by  either  of  them,  or  statement  made 
before  either  of  them  under  oath,  shall  be  perjury  and  False  state- 

ment  perjury. 

be  punished  accordingly. 


§67.  City  TrkAvSURER. — The  city  treasurer  shall  city 
be  appointed  by  the  common  council  and  the  term  of 
office  shall  be  three  years.  Except  as  herein  otherwise  Appointment 
provided  he  shall  continue  to  perform  the  duties  and 
exercise  the  powers  already  conferred  by  law,  or  pre-  General 

^ > X powers  and 

scribed  by  this  act,  and  such  other  duties  properly  per- 
taining  to  his  office  as  the  common  council  may  require. 


§ 68.  Before  entering  upon  the  duties  of  his  office  he  Bond  to  be 

jriven. 

shall  enter  into  a bond  to  the  city  of  vSyracuse,  in  such 
penal  .sum  as  may  be  fixed  by  the  common  council, 
with  two  or  more  sureties  to  be  approved  by  the  com-  sureties, 
mon  council,  and  conditioned  for  the  faithful  discharge  common 
of  his  duties,  which  bond,  when  so  approved  and  in-  approve, 
dorsed  by  the  city  clerk,  shall  be  filed  in  the  clerk’s  piling  of  bond, 
office  of  the  county  of  Onondaga,  where  it  shall  be 
recorded  as  required  in  the  case  of  collectors  of  towns. 


Bond  to  be  a 
lien,  &c. 


Bond  for  col- 
lection of 
taxes  levied 
by  board  of 
supervisors. 


Sureties. 

Approval  of 
bond. 


Amount  of 
bond. 

Conditions  of 
bond. 


Bond  to  be 
delivered  in 
six  days. 

Bond  to  be 
recorded. 


Office  of 
Treasurer. 


84  REVISED  CHARTER  OF 

Said  bond  shall  be  a lien  on  all  the  real  estate  of  said 
treasurer  and  his  sureties  in  the  county  of  Onondaga, 
until  the  conditions  thereof,  together  with  all  the  costs 
and  charges  which  may  accrue  upon  the  prosecution 
thereof,  shall  be  fully  satisfied. 

§ 69.*  Before  any  warrant  for  the  collection  of  taxes 
that  shall  have  been  issued  by  the  board  of  supervisors 
of  the  county  of  Onondaga  shall  be  delivered  to  the  said 
treasurer,  he  shall  execute  an  additional  bond  to  the 
board  of  supervisors  of  said  county  with  two  or  more 
sureties^  to  be  approved  by  a majority  of  the  supervisors 
representing  the  city  of  Syracuse,  in  a penalty  double 
the  amount  of  taxes  to  be  collected  in  the  several  wards 
of  said  city  by  such  warrant  or  warrants,  conditioned 
that  he  shall  faithfully  collect  such  taxes  and  pay  over 
the  same  according  to  law;  which  bond  said  supervisors 
shall,  within  six  days  after  the  same  shall  have  been 
approved  b}^  them,  deliver  to  the  clerk  of  the  county  of 
Onondaga  with  such  approval  endorsed  thereon.  Such 
bond  shall  be  duly  recorded  by  the  clerk,  as  in  the  case 
of  collectors  of  towns,  and  shall  be  a lien  upon  all  the 
real  estate  of  said  treasurer  and  his  sureties  in  the 
county  of  Onondaga,  until  the  conditions  thereof, 
together  with  all  the  costs  and  charges  which  may 
accrue  upon  the  prosecution  thereof  shall  be  satisfied. 

§ 70.  t The  office  of  the  treasurer  shall  be  kept  at  the 
city  hall,  or  in  such  place  as  shall  be  designated  by  or- 

*As  amended  by  chap.  475  of  the  Laws  of  1889. 

fAs  amended  by  chap.  368  of  Laws  of  1887. 


THE  CITY  OF  SYRACUSE. 


85 


diliance  of  the  common  council  in  case  a temporary  office  hours, 
removal  shall  be  necessary,  and  shall  be  kept  open  on 
each  day  in  the  year,  Sundays  and  legal  holidays  ex- 
cepted, from  nine  o’clock  in  the  forenoon  until  three 
o’clock  in  the  afternoon,  and  at  such  other  hours  as 
the  council  may  direct  from  time  to  time. 

§71.  It  shall  be  the  duty  of  the  treasurer,  person- 
ally,  to  receive  all  county,  city  and  local  taxes  and 
assessments,  which  may  be  paid  at  such  office,  and  to 
retain  there,  and  not  elsewhere,  the  possession  of  the 
warrants  and  assessment- rolls  which  may  from  time  to  Warrants  and 

assessment 

time  be  delivered  to  him  by  the  supervisors  or  clerk  of 
the  city. 

§ 72.  He  shall  enter  daily,  in  suitable  books,  all  to  keep 

■ . - , records. 

sums  of  money  received  by  him  for  taxes,  or  otherwise, 
with  the  name  of  the  person  or  corporation  on  whose 
account  the  same  shall  be  paid,  and  the  ward  for  which 
such  taxes  are  received,  and  shall,  at  the  expiration  of 
each  month,  exhibit  the  same  in  his  office  to  the  mayor  to  exhibit 

same 

and  finance  committee  of  the  common  council  for  in-  monthly, 
spection.  He  shall  also  enter  in  a column  in  the  assess-  Entry  of 

payment. 

meiit-rolls  in  his  possession,  opposite  the  names  of  the 
persons  or  corporation  who  shall  pay  their  taxes  or 
assessments,  the  fact  of  payment,  the  amount  thereof, 
and  the  day  when  paid.  He  shall  also  keep  a record  of 
all  persons  and  their  respective  addresses  who  may  pa}^ 
taxes  for  non-residents  of  said  city,  and  the  addre.sses  Record  of 

r 1 -1  r ^ • 1 non-residents. 

01  such  non-residents,  so  lar  as  he  can  ascertain  the 


same. 


86 


REVISED  CHARTER  OF 


Board  of 
supervisors  to 
furnish 
assessintent 
rolls. 


Date  of  such 
furnishing. 


Assessment 
rolls,  how 
signed. 


Notice  of  re- 
ceipt of  asse.ss 
ment  rolls,  by 
publication. 


Final  date  of 
payment  of 
taxes. 

Fees,  one  per 
centum. 


Fees,  three 
per  centum. 


Fees,  five  per 
centum. 


Notice  of  un- 
paid taxes. 


To  be  given  t< 
every  person. 


§ 73.  The  board  of  supervisors  of  the  county  of  Onon- 
daga shall  cause  the  corrected  assessment-rolls  of  each 
ward  of  the  city  of  Syracuse  to  be  delivered  to  the 
treasurer  of  said  city,  on  or  before  the  fifteenth  day  of 
December  in  each  year,  to  which  a warrant  under  the 
hands  and  seals  of  said  supervisors,  or  a majority  of 
them,  shall  be  annexed,  commanding  said  treasurer  to 
collect  from  the  several  persons  named  in  the  assess- 
ment rolls  the  several  sums  mentioned  in  the  last  col- 
umn, opposite  their  respective  names,  and  pay  over 
the  same  in  the  manner  directed  in  the  warrant. 

§ 74.  Upon  receiving  the  said  assessment-rolls  he 
shall  give  notice,  in  the  official  papers  of  the  city,  of 
the  receipt  by  him  of  such  assessment-rolls  and  war- 
rants, and  all  persons  named  therein  are  required  to 
pay  their  taxes  at  his  office  on  or  before  the  first  day 
of  February  next  ensuing.  For  the  three  weeks  fol- 
lowing the  date  of  such  notice  any  person  or  corpora- 
tion may  pay  his,  her,  or  their  county  and  state  taxes 
upon  paying  one  per  centum  fees  thereon  in  addition 
thereto ; after  the  expiration  of  three  weeks  three  per 
centum  fees  shall  be  added  to  the  tax  and  collected  by 
him  during  the  next  three  weeks,  and  after  the  expir- 
ation of  such  last-named  three  weeks,  five  per  centum 
fees  .shall  be  added  to  the  tax  and  collected  by  him. 

§ 75.  If  any  such  tax  shall  remain  unpaid  on  the 
first  day  of  February,  after  the  deliver}'-  of  the  assess- 
o ment-rolls  and  warrants,  he  shall  thereupon  cause  a 
written  or  printed  notice  to  be  given  to  every  pensoii, 
re.sident  within  the  city,  from  whom  such  tax  may  l^e 


THE  CITY  OF  SYRACUSE. 


87 


due,  specifying  the  amount  and  percentage  of  the  tax, 

and  requiring  the  same  to  be  paid  on  or  before  the  fif-  Final  date  of 

payrtient. 

teenth  day  of  February  of  the  same  year  at  his  office. 

Such  notice  shall  be  served  on  the  person  assessed,  by  Notice,  how 

served. 

depositing  the  same  in  the  Syracuse  post-office,  in- 
closed in  envelopes  and  directed  to  the  person  assessed, 
respectively,  at  Syracuse,  and  paying  the  postage 

thereon.  If  any  of  the  persons  assessed  shall  be  known  Notice  to  non- 
...  residents,  how 

by  the  treasurer  to  reside  in  any  other  place,  then  no-  given. 

tice  shall  be  directed  to  such  other  place.  It  shall  not 

be  necessary  to  make  any  other  demand  of  payment  of 

said  taxes. 


§76.  From  the  fifteenth  day  of  February,  the  fees  Fees  after  15th 

February, 

shall  be  one  per  centum  per  month,  in  addition  to  the"'^® 

five  per  centum  aforesaid,  and  it  then  shall  be  the  duty 

of  the  treasurer  to  proceed,  without  delay,  to  issue  his  i^sue  warrant 

11-1  1 r 1 • unpaid 

warrant,  under-  his  hand  and  the  seal  ot  the  city,  to  any  taxes, 
constable  or  policeman  of  the  cit}" 


or  to  as  many  of  To  constable, 
&c. 


them  as  he  may  deem  necessary,  who  may  be  approved 

by  the  council,  commanding  said  officer  or  officers  to 

levy  the  tax  and  fees  by  distress  and  sale  of  the  goods  Sale  for  un- 
paid taxe.s. 

and  chattels  of  the  person  or  corporation  upon  whose 
real  or  personal  property  the  tax  was  apportioned,  ac- 
cording to  the  said  assessment  and  tax-rolls,  or  of  any 
goods  or  chattels  in  his,  her  or  their  possession,  where- 
soever the  same  may  be  found  in  the  city  of  Syracuse, 
or  county  of  Onondaga,  and  to  pay  the  same  to  the  said 
treasurer,  and  return  such  warrant  on  or  before  the  Return  of 

warrant. 

finst  day  of  May  in  the  same  year ; and  no  claim  of  Exemptions 
property  made  to  such  goods  and  chattels  shall  be 


88 


REVISED  CHARTE;R  OF 


Notice  of  sale 
of  property. 


How  given. 


Sale  to  be  by 
auction. 
Disposition  of 
surplus. 


Disposition  of 
fees,  interest, 
&c. 


Assessors. 


Term  of  office. 


available  to  prevent  the  sale  thereof,  except  in  such 
cases  as  are  provided  for  by  the  general  statutes  of  this 
State. 

§ 77.  The  said  constable  or  policeman  shall  give 
public  notice  of  the  time  and  place  of  sale,  and  of  the 
property  to  be  sold,  at  least  five  days  previous  to  the 
sale,  by  advertisement  to  be  posted  in  at  least  three 
public  places  in  the  ward  where  such  sale  shall  be 
made.  The  sale  shall  be  made  by  public  auction. 
If  the  property  shall  be  sold  for  more  than  the  amount 
of  the  tax  and  fees,  and  the  cost  of  such  distress  and 
sale,  the  surplus  shall  be  returned  to  the  person  en- 
titled thereto. 

§ 78.  All  fees,  percentages  and  interest  moneys  re- 
ceived by  the  treasurer  of  the  city. 

§ 79.  AsskSvSORS. — There  shall  conti'nue  to  be  four 
assessors  of  said  city,  and  except  as  in  this  section 
provided,  the  term  of  office  shall  be  four  years.  At 
the  next  charter  election  after  the  passage  of  this  act 
there  shall  be  elected  two  assessors,  one  for  the  term  of 
two  years,  and  one  for  the  term  of  three  years ; and  at 
the  next  charter  election  thereafter,  there  shall  be 
elected  two  assessors,  one  for  the  term  of  three  years, 
and  one  for  the  term  of  four  years,  and  thereafter,  at 
each  charter  election,  one  asseSvSor  elected  for  the  term 
of  four  years. 

§ 80.*  They  shall  each  receive  an  annual  salary  of 

*As  amended  by  chap.  368  of  Laws  of  1887,  and  chap.  475  of 
the  Laws  of  1889. 


Salary. 


THE  CITY  OF  SYRACUSE. 


one  thousand  eight  hundred  dollars,  which  shall  be  in 
full  compensation  of  all  services  performed  by  them,  to 
be  paid  by  the  city  treasurer  from  the  contingent  fund. 

§ 8 1 . They  shall  perform  all  the  duties  and  possess 
all  the  powers  conferred  upon  assessors  in  the  different 
towns  of  the  State  and  be  subject  to  all  their  obliga- 
tions; and  they  shall  also  perform  all  the  duties  speci- follow  re- 

quirementsof 

fied  in  this  act  in  reference  to  the  assessment  of  prop-  eSSncfi!^ 
erty  within  the  city,  for  the  purpose  of  levying  the 
taxes  and  local  assessments  imposed  or  which  may  be 
imposed  by  the  common  council.  They  shall  make  an  Assessment 

rolls. 

assessment-roll  for  each  ward. 

§82.  On  completing  the  assessment-rolls,  which  Completion  of 

Assessment 

shall  be  done  on  or  before  the  first  day  of  August  in 

each  year,  they  shall  meet  together  and  leave  the  To  be  left  in 

their  office. 

assessment- rolls  of  the  several  wards  at  their  office. 

They  shall  then  give  notice  by  posting  hand-lfills  and  com- 

publishing  in  the  official  papers  that  the  assessment-  siven. 
rolls  are  completed  and  left  at  their  office,  where  the 
same  may  be  seen  and  examined  by  any  person  for  the 
next  twenty  days,  and  that  the  assessors  will  attend  to  re- 
during  the  time  specified  in  such  notice  at  their  office 
to  review  their  assessments  in  the  same  manner  as 
assessors  of  towns.  If  in  any  case  the  twentieth  day 
shall  fall  on  Sunda}^  the  said  assessors  shall  attend  for  Extension 

over  Sunday 

the  purpose  aforesaid  at  their  office  during  the  follow- 
ing Monday. 

Description  of 

^83"^.  In  the  asse.ssment  of  any  lands  in  said  city,  itassiSd. 

*As  amended  by  chap.  368  of  the  Laws  of  1887. 


90 


REVISED  CHARTER  OF 


Unknown 

owner. 


In  case  of 
error  in  name. 


Reference 
and  official 
map. 


Time  in  which 
to  complete 
assessment 
rolls.' 


Delivery  to 
city  clerk. 
Copy  for 
Supervisors. 


May  correct 
rolls  durinj^ 
first  twenty 
days. 


shall  be  sufficient  to  state  the  name  of  one  of  the  owners 
of  said  lands,  if  the  owner  or  owners  be  residents  of 
the  city,  or  of  the  occupants,  if  the  owner  or  owners  be 
non-residents  as  aforesaid,  the  lot  and  block  on  which 
it  is  situated,  if  the  same  be  subdivided  into  lots  and 
blocks,  or  the  number  of  the  lot  or  farm  lot,  if  not  so 
subdivided  into  blocks  and  lots,  and  designated  upon 
the  city  map  last  adopted  by  the  common  council,  and 
also  the  street  number  of  any  building  thereon  ; but  if 
the  land  be  vacant  or  the  building  thereon  not  num- 
bered, then  the  name  of  the  street  on  which  it  fronts 
and  a brief  description  of  the  premises  shall  be  given. 
In  case  no  inhabited  building  is  on  the  land  and  the 
residence  of  the  owner  is  unknown,  such  owner  may 
be  designated  as  unknown.  No  error  in  the  Christian 
name  of  the  owner  or  occupant  shall  invalidate  the 
assessment.  Every  assessment- roll  shall  be  considered 
as  referring  to  the  last  adopted  map  unless  it  is  other- 
wise stated  therein. 

§ 84.  At  the  end  of  twenty  days  they  shall  cease  to 
correct  and  review  said  rolls,  and  shall  within  twenty 
days  thereafter  have  the  same  completed  and  subscribed 
and  delivered  to  the  city  clerk,  to  be  filed  by  him,  and 
a duplicate  of  the  roll  of  each  ward  shall  be  delivered 
by  the  clerk  to  the  supervisor  of  the  ward,  to  be  by 
him  delivered  to  the  board  of  supervisors  of  the  county 
of  Onondaga.  During  the  time  the  assessors  are  cor- 
recting and  reviewing  any  tax  or  assessment,  general 
or  local,  they  shall  have  power  to  add  or  insert 
in  said  tax  or  assessment- rolls  any  property  liable  to 


THE  CITY  OF  SYRACUSE. 


91 


assessment,  and  the  assessment  thereof  which  may  Error  in  omis- 
sion corrected 

have  been  omitted  from  such  rolls  upon  giving  personal 
notice  to  the  owner  or  agent  of  such  property  at  least 
two  days  prior  to  adding  the  same. 

§ 85."^  The  common  council  of  said  cit}^  shall  provide  office  of 
for  and  assign  to  said  assessors  a suitable  and  conveni- 
ent office  in  the  city  of  Syracuse,  together  with  the 
requisite  books  and  stationery,  lights  and  fuel,  which 
office  shall  be  kept  open  daily,  except  Sundays  and  office  hours, 
legal  holidays,  from  ten  o’clock  in  the  forenoon  to  five 
o’clock  in  the  afternoon,  during  which  time  one  of 
said  assessors  or  their  clerk,  or  some  competent  penson 
provided  by  them  at  their  own  expense,  shall  be  in 
attendance. 

§ 86.  The  books,  maps.  as.sessment-rolls  and  papers  Hooks,  maps, 

. . . ^c.,  public 

pertaining  to  the  office  of  said  as.sessors  shall  be  public  records, 
records,  and  at  all  reasonable  times  be  open  to  public  May  be  seen, 
inspection  in  their  said  office. 

§87.  P'or  the  purpose  of  making  all  asse.ssnients  as  Lists  of 
correct  as  possible,  it  .shall  be  their  duty  from  time  topVopmTy.^^^ 
time  to  procure  from  the  county  clerk’s  office  a list  of 
the  transfers  of  the  real  estate  in  said  cit3^ 

§88.  Examiner  of  Weights  and  Measures. — Examiner  of 

^ weij^-hts  and 

1 he  common  council  may  annually  appoint  one  exam-  ^y 

iner  of  weights  and  measures  and  prescribe  his  fees  for  ciranmm?ry“^' 
services  where  the  same  are  not  fixed  by  law.  to^prescrXe.^ 


’‘'As  amended  by  chap.  368  of  the  Laws  of  1887. 


92 


REVISED  CHARTER  OF 


Hay  Weigher.  § 89.  Hay  Weigher. — The  commoTi  council  shall 
appoint  annually  appoint  a weigher  of  hay,  fix  his  compensa- 
annuaiiy.  regulate  the  fees  for  weighing. 

Pound  keeper.  § 90.  PouND-KEEPER. — The  commoii  council  may 
annually  appoint  pound-keepers  for  the  city  pounds. 

Sextons.  § 91-  Sextons. — The  common  council  may  appoint 

sextons  to  have  charge  of  the  burial  grounds  of  the 
city. 

TITLE  VI. 


WARD  OFFICERS — THEIR  DUTIES. 

Aldermen.  §92.*  Aedermen. — The  term  of  office  of  aldermen 

Term  of  office.  « 

shall  be  two  years,  and  the  aldermen  now  in  office 
shall  hold  their  offices  for  the  term  for  which  they 
were  respectively  elected.  At  the  charter  election  in 
the  3^ear  eighteen  hundred  and  eighty- eight,  there  shall 
be  elected  an  alderman  for  the  term  of  two  years  in  the 
second,  fourth,  sixth,  eighth  and  tenth  wards,  and  at 
the  charter  election  in  the  year  eighteen  hundred  and 
eighty-nine,  an  alderman  for  the  term  of  two  years  in 
the  first,  third,  fifth,  seventh,  ninth  and  eleventh 
wards ; and  thereafter  as  their  terms  of  office  expire, 
an  alderman  shall  be  elected  in  each  ward  at  the  char- 
ter election  for  the  term  of  two  years. 

Salary.  § 93-  The  aldermen  of  said  city  shall  severally  re- 

ceive an  annual  salary  of  two  hundred  and  fifty  dollars, 
which  shall  be  in  full  compensation  for  all  services 
performed  by  them. 

*As  amended  by  chap.  368  of  Laws  of  1887. 


THE  CITY  OF  SYRACUSE. 


93 


§ Q4.  Supervisors. — There  shall  be  elected  an- Supervisors, 
nually  in  each  ward  one  supervisor,  who  shall  be 
member  of  the  board  of  supervisors  of  the  county  of 
Onondaga,  and  shall  possess  all  the  powers  and  author-  Powers  and 
ity  of  supervisors  of  towns,  and  be  subject  to  the  same 
obligations,  and  receive  the  same  compensation. 

§95.  School  Commissioners. — The  term  of  office  school  com- 
missioner. 

of  the  commissioners  of  common  schools  shall  be  two 
years,  and  upon  the  expiration  of  the  term  of  office  of 
any  of  the  present  incumbents,  a school  commissioner 
shall  be  elected  for  the  term  of  two  years. 

§ 96.  They  shall  be  voted  for  on  a separate  ballot  Mow  elected, 
indorsed  ‘ ‘ schools,  ’ ’ and  shall  serve  without  compen- 
sation. 

§ 97.  Constables. — There  shall  be  annually  elected  constables. 

How  elected, 

in  each  ward  one  constable,  who  shall  perform  such  number, 
duties  as  are  by  law  prescribed  to  constables  in  the 
towns  and  counties  in  this  State,  and  wiio  shall  be  en- 
titled to  the  same  fees  therefor;  but  no  such  constable  Not  to e.^ecute 

criminal 

shall  be  compelled  to  execute  any  criminal  process  or 

do  any  other  criminal  business,  nor  shall  such  constable  Not  entitled  to 

compensation 

be  entitled  to  receive  any  compensation  for  .services  in  for. 
criminal  cases. 

§98.  The  constables  elected  in  the  .several  wards  Bond, 
shall  severally  execute  and  file  with  the  city  clerk  a 
bond,  in  a penal  sum  and  with  such  sureties  as  the 
common  council  shall  approve,  conditioned  for  the  Approval 'of 
faithful  performance  of  -their  duties,  and  for  the  due 


94 


REVISED  CHARTER  OF 


Liability  of 
sureties. 


Authority 
of  common 
council. 


For  bonded 
debt. 


For  school 
purposes. 


For  fire 
-department. 


payment  to  every  person  who  may  be  entitled  thereto, 
of  all  such  sums  of  money  as  said  constables  may  be- 
come liable  to  pay  by  means  of  or  on  account  of  any 
execution  or  other  process  which  shall  be  delivered  to 
them  for  execution,  service  or  collection.  Such  con- 
stables and  their  sureties  shall  be  liable  on  such  bonds 
in  the  same  manner  as  constables  of  towns,  and  their 
sureties  are  liable  on  bonds  given  by  them. 


TITLE  Vn. 

ASSESSMENT  AND  COLLECTION  OP  CITY  TAXES- 

§ 99.  The  common  council  of  the  city  of  Syracuse 
shall  have  authority  and  are  hereby  empowered  to 
raise  by  tax  upon  the  property  of  said  city  in  each  year 
as  follows  : 

§ 100.  For  principal  and  interest  on  the  bonded  in- 
debtedness of  the  city  the  actual  sum  falling  due 
within  the  ensuing  year. 

§ loi.  For  the  purposes  and  uses  of  the  board  of 
education  a sum  not  less  than  twice  nor  more  than 
five  times  the  amount  received  during  the  current 
year  from  the  State  for  school  purposes. 

§ 102.*  For  the  expenses  and  support  of  the  fire  de- 
partment, including  salaries,  a sum  not  exceeding  one 
hundred  and  ten  thousand  dollars. 

*As  amended  by  chap.  368  of  the  Laws  of  1887  and  chap  376  of 
the  Laws  of  1891. 


THE  CITY  OF  SYRACUSE. 


95 


§103.*  I.  For  the  expenses  of  lighting  the  streets  For  street 
and  public  places  of  the  city  a sum  not  exceeding  sev- 
enty-five thousand  dollars. 

2.  For  the  expenses  and  support  of  the  police  de- 
partment  a sum  not  exceeding  ninet}'  thousand  dollars. 

§ 104.  For  water  dues,  the  sum  of  twency-six  thous- F^r^water 
and  dollars,  or  such  sum  as  may  be  awarded  by  com- 
missioners duly  appointed  for  that  purpose. 

§ 105.1  1.  For  repairing  bridges  and  sewers,  and  re- Bridges, 

sewers  and 

pairing  and  cleaning  streets  a sum  not  exceeding  forty- 
five  thousand  dollars. 

2.  To  defray  the  city’s  share  of  local  improvements  Local 

iinprove- 

a sum  not  exceeding  twenty  thousand  dollars.  ments. 

3.  To  defray  the  expenses  of  the  support,  construe- parks, 
tion,  improvement  and  maintenance  of  the  parks  of 

the  city,  including  salaries,  a sum  not  exceeding  twenty 
thousand  dollars. 

4.  To  defray  the  ordinary  and  contingent  expenses  ordinary  and 

. . contingent 

of  the  city,  including  interest  on  temporary  loans,  the  e.Kpcnses. 
payment  of  judgments,  and  adjustments  of  claims,  the 
expenses  of  the  board  of  health,  the  expenses  of  the 
poor  department,  the  expenses  of  the  police  court, 
salaries,  and  all  other  miscellaneous  expenses,  a sum 
not  exceeding  one  hundred  and  twenty-five  thousand 
dollars. 

*As  amended  by  chap,  368  of  the  Laws  of  1887  and  chap  475 
of  the  Laws  of  1889,  and  chap.  531  of  the  Laws  of  1893. 

fAs  amended  by  chap,  376  of  the  Laws  of  1891,  and  chap.  531 
of  the  Laws  of  1893. 


96 


REVISED  CHARTER  OF 


Limitation 
of  tax. 


Additional 
in  1893. 


Bridge  over 
canal  at  Clin- 
ton street. 


Survey  for 

sewerage 

system. 


Unexpended 

balance. 


Manner  of 
as.sessment 
of  tax  levy. 


§ 106.*  The  aggregate  of  the  annual  city  tax  levy 
exclusive  of  local  assessments,  shall  not  in  any  one 
3’ear  exceed  the  sum  of  eight  hundred  thousand  dollars 
for  all  purposes ; provided,  however,  that  in  the  city 
tax  levy  for  the  year  eighteen  hundred  and  ninety- 
three,  there  may  be  included  in  addition  to  the  annual 
levy  provided  for  by  this  section,  the  following  named 
sums  for  the  purposes  specified,  namely ; To  defray 
the  city’s  share  of  the  cost  of  constructing  a hoist  or 
swing  bridge  over  the  Erie  canal  at  Clinton  street,  a 
sum  not  exceeding  seven  thousand  dollars,  any  unex- 
pended balance  of  said  sum  over  and  above  one-half 
the  cost  of  the  construction  of  said  bridge  to  be  covered 
into  the  city  treasury,  and  be  added  to  and  disposed  of 
as  a part  of  the  contingent  fund.  To  defray  the  ex- 
penses, including  salaries,  of  the  completion  of  the  ex- 
amination and  survey  for  a system  of  trunk  sewerage 
for  said  city  authorized  by  chapter  three  hundred  and 
seventy-six  of  the  laws  of  eighteen  hundred  and  ninet}’- 
one,  a sum  not  exceeding  three  thousand  dollars ; and 
the  mayor  is  hereby  authorized  to  cause  such  survey 
and  examination  to  be  completed  and  to  appoint  suit- 
able and  competent  engineers  for  that  purpose;  any 
unexpended  balance  of  said  sum  remaining  after  the 
completion  of  such  examination  and  survey  to  be  trans- 
ferred to  and  disposed  of  such  as  a part  of  the  contin- 
gent fund. 

§ 107.  All  sums  to  be  raised  by  general  tax  in  pur- 
suance of  this  act  shall  be  assessed  and  rated  upon  and 

*As  amended  by  chap.  376  of  the  Laws  of  i8gi,  and  chap.  531 
of  the  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


97 


among  the  owners  of  real  and  personal  estate,  incorpo- 
rated companies  and  associations,  including  salt  works 
and  salt  manufacturing  companies,  named  in  the  cor- 
rected assessment- rolls  of  the  several  wards,  in  propor- 
tion to  the  valuation  therein  stated,  in  the  same  man- 
ner and  proportion,  as  near  as  may  be,  as  taxes  in  and 
for  the  county  of  Onondaga  are  rated  and  assessed. 

§ 1 08.“*  All  moneys  collected  by  general  tax  or  Moneys  shall 

° be  applied  to 

otherwise  for  the  expense  of  the  city  government, 
for  any  specific  object  or  purpose  whatever,  shall  be 
applied  to  the  payment  of  such  expenses,  or  for  such 
object  or  purpose,  and  no  other.  It  shall  not  be  law- 
ful to  apply  any  money  collected  or  appropriated  for 

one  purpose  to  any  other  purpose,  and  the  common  Misappropria- 
tion of  money 

council  is  forbidden  to  make  any  direction  or  order  for 'nis^iemea- 

nor. 

such  misappropriation ; the  mayor  approving  of,  or 
any  alderman  voting  in  favor  of,  a resolution  which 
shall  be  adopted  making  any  such  illegal  appropriation 
of  money,  or  any  elected  or  appointed  officer  directing 
any  such  illegal  act  to  be  done  under  such  resolution, 
shall  be  deemed  guilty  of  a misdemeanor,  and  shall  be  Penalty, 
liable,  upon  conviction  thereof,  to  a fine  of  one  hundred 
dollars,  or  not  more  than  ten  days’  imprisonment  in 
the  county  jail,  for  each  and  every  offense. 

§ 109.  Each  member  of  the  common  council  who  j^gmbers  of 

shall  vote  to  create  any  indebtedness  or  incur  any  lia-  council  per- 
sonally liable. 

bility  beyond  what  is  provided  for  in  this  act,  or  in 
violation  thereof,  shall  become  personally  liable  for  the 
same  to  the  person  in  whose  favor  said  indebtedness 


REVISED  CHARTER  OF 


Assessments  a 
lien  upon 
real  estate. 


Tax  roll  filed 
with  city- 
clerk. 


Notice  by  city 
clerk. 


Payment  of 
city  taxes 
without  fees. 


Fees,  two  per 
eentum. 

Fees,  four  per 
centum. 

Fees,  six  per 
centum. 

Fees,  .seyen 
per  centum. 


Unpaid  taxes, 
notice  of  by 
treasurer. 


Notices,  how 
made. 


shall  have  been  incurred,  but  the  city  of  Syracuse  shall 
not  be  liable  therefor. 

§iio.  The  sum  rated  and  assessed  upon  the  prop- 
erty of  each  person,  company,  corporation  and  associa- 
tion respectively  in  the  last  column  of  the  tax-roll, 
when  corrected,  completed  and  filed  with  the  city 
clerk,  shall  be  a lien  on  the  real  estate  described 
therein.  After  the  tax-roll  for  the  general  tax  shall 
have  been  filed  with  the  city  clerk,  he  shall  deliver  the 
same  or  true  copies  thereof  to  the  treasurer.  He  shall 
also  forthwith  cause  a notice  to  be  published  in  the 
official  papers  that  the  same  is  left  with  the  treasurer 
for  collection. 

§iii.^  Until  the  first  day  [of  November  thereafter 
every  person,  corporation  or  association  may  pay  his, 
her,  its,  or  their  tax  to  said  treasurer  without  any  addi- 
tional charges.  Twenty  days  next  thereafter  succeed- 
ing, two  per  centum  fees  will  be  collected  ; for  twenty 
days  next  thereafter  four  per  centum  fees  will  be  col- 
lected ; for  the  succeeding  twenty  days  six  per  centum 
fees  will  be  collected,  and  down  to  the  first  day  of 
February  thereafter  seven  per  centum  will  be  collected. 

§ 1 12.  If  any  tax  shall  remain  uncollected  at  the  ex- 
piration of  the  time  last  mentioned,  the  treasurer  shall 
give  notice  to  the  person  or  persons  against  whom 
such  tax  stands  charged.  The  notices  shall  bear  even 
date,  and  shall  require  said  person  or  persons  or  cor- 


*As  amended  by  chap.  475  of  the  Laws  of  1889. 


THE  CITY  OF  SYRACUSE. 


99 


poration  to  pay  such  unpaid  tax  to  said  treasurer,  at 
his  office,  within  fifteen  days  thereafter,  with  seven 
per  centum  fees  thereon.  Said  notice  shall  be  served  Notices,  how- 

served. 

in  the  same  manner  and  form  as  notices  in  the  matter 
of  county  and  state  tax,  as  specified  in  title  five,  sec- 
tion seventy-five  of  this  act,  and  the  provisions  with 
reference  to  the  notice  and  persons  giving  the  same  as 
specified  in  said  section  seventy-five  shall  to  all  intents 
apply  to  the  notice  herein  specified  as  far  as  the  same 
may  be  applicable. 


§113.  At  the  expiration  of  the  time  mentioned  in  Additional 

fees,  one  per 

the  last  section  one  per  centum  per  month  shall  be  oentnm  per 

^ ^ month. 

added  to  the  fees  therein  prescribed,  and  then  it  shall 

be  the  duty  of  the  treasurer  to  proceed  with  the  codec-  Collection  of 

unpaid  taxes. 

tion  of  the  city  taxes  then  remaining  unpaid  in  the 
same  manner  as  provided  in  title  five,  sections  seventy- 
six  and  seventy-seven  of  this  act  for  the  collection  of 
county  and  state  taxes,  the  conditions  and  provisions 
of  which  sections  shall  be  applicable  to  the  city  taxes 
except  as  herein  otherwise  provided. 

§114.  The  warrants  issued  by  him  to  the  officers  Warrants 

issued,  date 

named  shall  bear  uniform  date,  and  shall  be  returnable  J-e^firned 

to  him  on  or  before  the  [first  day  of  May  in  the  same 

year.  In  case  any  of  said  taxes  remain  unpaid  after 

the  foregoing  proceedings  shall  have  been  taken,  or  in 

case  any  taxes  mentioned  in  title  five  of  this  act  remain 

unpaid,  after  ^the  proceedings  mentioned  in  that  title 

shall  have  been  taken,  the  list  of  all  the  unpaid  taxes  of  unpaid 

on  all  the  rolls,  both  city  and  county,  including  the  assessors. 


lOO 


REVISED  CHARTER  OF 


rolls  for  local  assessments  during  the  year  then  next 
preceding,  shall  be  delivered  by  the  treasurer  to  the 
assessors  of  the  city,  who  made  the  original  assess- 
ments, and  they,  or  any  two  of  them,  shall  immediately 
Correction  of  review  such  assessmeuts  and  correct  all  errors  of  every 

such  lists. 


May  insert  in 
lists,  property 
omitted. 


May  add  un- 
paid local 
assessments. 


description  which  may  have  been  made,  either  in  the 
original  assessments  or  subsequent  proceedings,  and 
shall  make  correct  and  full  descriptions  of  the  several 
parcels  of  land.  They  shall  also  have  power  to  insert 
in  such  revised  roll  any  real  estate  in  the  city,  which 
may  have  been  omitted  in  the  original  rolls,  upon  giv- 
ing notice  thereof  to  the  owner  or  agent  of  such  prop- 
erty. They  may  add  to  said  roll  with  proper  corrections 
any  unpaid  assessments  for  local  improvements  assessed 
during  the  then  next  preceding  year. 


Time  to  make 
revision. 


Notice  of 
completion. 


Publication 
of  notice. 


Corrected 
rolls  returned 
to  treasurer. 


Treasurer  to 
add  to. 


Filing  in  office 
of  county 
clerk. 


§ 1 15.  They  shall  complete  such  revision  within  ten 
days,  and  two  or  more  of  said  assessors  shall  subscribe 
to  the  same,  and  shall  give  public  notice  that  they  will 
meet  at  the  assessor’s  office  at  the  end  of  ten  days  to 
be  designated  b}^  them  to  hear  objections  and  to  correct 
any  errors  which  may  have  been  made.  Such  notice 
shall  be  given  by  publishing  the  same  for  at  least 
eight  days  in  official  papers  of  the  city.  They  shall, 
within  ten  days,  complete  such  correction  and  sub- 
scribe the  same  and  deliver  the  corrected  rolls  to  the 
treasurer.  The  treasurer  shall  add  to  said  rolls  the 
amount  of  taxes  assessed  against  the  several  persons  or 
parcels  of  land,  designating  the  county  and  state  tax 
separately  from  the  others;  and  file  a certified  copy 
thereof  in  the  clerk’s  office  of  Onondaga  county. 


THE  CITY  OF  SYRACUSE. 


lOI 


§ 1 16.  It  shall  be  the  duty  of  the  treasurer  of  the  city  Treasurer  to 

keep  in  office 

of  Syracuse  in  each  year  immediately  after  the  cor-  tSes^ 

rected  lists  of  unpaid  city  taxes  shall  have  been  filed 

by  him  in  the  clerk’s  office  of  Onondaga  county,  as 

provided  by  law,  to  make  and  retain  in  his  office  a 

copy  thereof,  adding  to  each  one  of  such  unpaid  taxes 

the  sum  of  twenty-five  cents  for  filing  and  one  dollar  Fees,  for  filing 

and  reasses- 

for  reassessing  the  same,  together  with  the  fees  enum- 

. Fees  previous- 

era  ted  in  sections  one  hundred  and  eleven,  one  him-  ly  incurred. 

dred  and  twelve  and  one  hundred  and  thirteen  of  this 

title. 

§ 117.*  The  said  treasurer  shall  thereupon  proceed  Collection  of 

unpaid  city 

and  collect  all  such  unpaid  taxes  as  follows ; When-  taxes. 

ever  any  such  tax  charged  on  real  eastate  in  said  city, 

and  the  interest  thereon  at  the  rate  of  twelve  per  centum  inteiest,  12  per 

^ centum  per 

per  annum,  to  be  computed  from  the  finst  day  of  Feb- 

ruary,  when  such  tax  was  payable,  with  the  fees  and 

expenses  mentioned  in  sections  one  hundred  and  eleven, 

one  hundred  and  twelve,  one  hundred  and  thirteen 

and  one  hundred  and  sixteen  of  this  act  shall  remain 

unpaid  for  .six  months  from  said  first  day  of  February, 

including  the  taxes  of  any  previous  year  which  for  any 

reason  were  not  realized  by  sale  of  the  real  estate 

charged  with  such  tax  on  the  occasion  of  any  previous 

annual  tax  .sale,  the  treasurer  .shall  proceed  to  adverti.se  Advertise- 
ment and  .sale. 

and  sell  such  real  estate  in  the  manner  hereinafter  pro- 
vided for  the  payment  of  such  taxes,  fees,  interest  and 
expenses,  and  the  expense  of  advertising  and  selling  Expenses,  &c. 
the  same,  and  the  expense  of  any  previous  advertise- 


*As  amended  by  chap.  531  of  the  Laws  of  1893. 


102 


REVISED  CHARTER  OF 


Treasurer  to 
publish  list  of 
unpaid  taxes. 


Notice  of  sale. 


Expense  of 
publication. 


Sale  to  be  con- 
tinued. 


Purchasers, 
time  to  settle. 


To  receive 
certificate. 


Purchaser  in 

immediate 

possession. 


merit  of  sale  of  said  premises  for  taxes,  where  said 
premises  were  for  any  reason  not  sold,  shall  be  charged 
on  the  land  sold,  and  shall  be  added  to  and  made  a 
part  of  such  tax. 

§ ii8.  The  said  treasurer  shall  cause  to  be  published 
at  least  twice  in  each  week  for  three  weeks  in  the  offi- 
cial papers  of  the  city,  a list  or  statement  of  the  real 
estate  charged  with  the  payment  of  such  taxes,  interest 
and  fees  so  liable  to  be  sold,  and  also  a notice  that  the 
said  real  estate  will,  on  a day  at  the  expiration  of  said 
three  weeks,  to  be  specified  in  such  notice,  and  the 
succeeding  days,  be  sold  at  public  auction  at  the  city 
hall  in  the  city  of  Syracuse,  to  pay  the  taxes,  interest, 
fees  and  expenses  thereon,  which  may  remain  unpaid 
at  the  time  of  such  sale.  The  expense  of  publishing 
such  list  and  notices  shall  not  exceed  the  sum  of  one 
dollar  to  each  newspaper  for  each  parcel  of  land  so  ad- 
vertised. On  the  day  named  in  said  notice  the  said 
treasurer  shall  commence  the  sale  of  said  real  estate 
and  shall  continue  such  sale  from  day  to  day  until  the 
whole  thereof  shall  be  sold. 

§ 1 19.  The  purchasers  at  such  sale  shall  pay  the 
amount  of  their  respective  bids  to  the  said  treasurer, 
within  forty-eight  hours  after  the  sale,  and  thereupon 
the  said  treasurer  shall  execute  to  each  purchaser  a 
certificate  in  writing,  which  shall  contain  a description 
of  the  real  estate  purchased,  the  amount  paid  therefor, 
the  date  of  the  sale,  and  that  the  same  was  sold  for 
unpaid  city  taxes.  Such  purchaser  and  his  legal  rep- 
resentative or  assigns  may  immediately  upon  receiving 


THE  CITY  OF  SYRACUSE.  ^ IO3 

such  certificate,  by  virtue  thereof  and  of  this  act,  law- 
fully possess,  hold  and  enjoy  for  his  and  their  own 
proper  use  and  benefit,  and  the  use  and  benefit  of  his 
and  their  heirs  and  assigns  forever,  the  real  estate  de- 
scribed in  said  certificate,  unless  the  same  shall  be 
redeemed  as  hereinafter  provided  ; and  he  and  his  heirs 
and  assigns  may  at  any  time  after  the  time  limited  in 
the  next  section  of  this  title  for  the  redemption  of  such 
premises  shall  have  expired,  and  the  notice  therein 
provided  for  has  been  given,  and  said  premises  shall 
not  have  been  redeemed  as  therein  provided,  cause  the  Removal  of 

^ occupant. 

occupant  of  such  real  estate  to  be  removed  therefrom, 
and  the  possession  thereof  to  be  delivered  to  him,  in 
the  same  manner,  and  by  the  same  proceedings,  by  and 
before  the  same  officers,  as  in  the  case  of  a tenant 
holding  over  after  the  expiration  of  his  term,  without 
permission  of  his  landlord. 

§120.  The  owner  of,  or  any  person  interested  in  Redemption 

ot  property 

any  real  estate  sold  for  taxes  as  aforesaid  may  redeem  taxes, 

the  same  at  any  time  within  two  years  after  the  date  of  Time, 
such  sale,  by  paying  to  said  treasurer  for  the  use  of  the 
purchaser  upon  such  sale,  his  heirs  and  assigns,  the  sum 
mentioned  in  the  certificate  given  to  him,  and  the  in- 
terest thereon  at  the  rate  of  twelve  per  centum  per  interest,  12  per 

centum  per 

annum,  to  be  calculated  from  the  date  of  such  certifi- 
cate,  except  as  provided  in  section  one  hundred  and 
twenty-two  of  this  title.  Notice  shall  be  given  by  the  Notice  given 

by  purchaser. 

purchaser  of  any  real  estate  sold  for  taxes  under  the 
provisions  of  this  act  to  the  occupant,  owner  in  fee, 
mortgagee,  judgment  creditor  or  purchaser  upon  any 


Time  of. 


Expiration  of 
time  to 
redeem. 


Notice  given 
by  purchaser. 
Description. 


How  served. 


To  non-resi- 
dents notice 
shall  be 
published. 


104  REVISED  CHARTER  OF 

other  tax  sale  of  the  sarae  property,  and  the  heirs  or 
assigns  of  any  or  either  of  them,  and  the  guardian  of 
any  infants  having  an  interest  therein  at  least  three 
months  before  the  expiration  of  the  time  for  redemp- 
tion fixed  by  this  act,  and  the  time  for  such  redemption 
shall  not  be  deemed  to  have  expired  until  three  months 
after  such  notice  shall  have  been  given. 

§ 1 2 1.*  Such  notice  shall  be  either  written  or  partly 
written  and  partly  printed  and  shall  state  briefly  the 
lot  or  parcel  of  land  to  be  redeemed ; the  tax,  costs, 
interest  and  expenses  required  to  be  paid  upon  such 
redemption,  the  last  day  of  redemption  of  any  such 
real  estate,  and  the  office  or  place  where  the  money  for 
such  redemption  can  be  paid,  which  office  or  place 
shall  be  in  the  city  of  Syracuse.  Such  notice  shall  be 
served  personally  or  left  with  some  person  of  suitable 
age  and  discretion,  at  the  residence  or  place  of  business 
of  any  and  all  persons  entitled  to  such  notice,  if  they 
or  any  of  them  reside  in  the  city  of  Syracuse,  or  have 
a place  of  business  therein  ; and  in  case  they,  or  any 
of  them  do  not  reside,  or  have  a place  of  business  in 
said  city,  then  such  notice  shall  be  deposited,  postage 
paid,  in  the  post-office  addressed  to  them  at  the  post- 
office  at  or  nearest  their  known  place  of  residence  ; and 
if  the  residence  or  address  of  any  such  person  or  per- 
sons be  not  known  then  such  notice  shall  be  published 
at  least  once  a week  for  three  months  prior  to  the  day 
therein  named  for  redemption  4n  each  of  the  news- 
papers in  which  the  notice  of  sale  was  originally  pub- 


*As  amended  by  chap.  531  of  the  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


105 


lislied  ; and  for  the  purpose  of  ascertaining  the  persons 
entitled  to  such  notice,  the  purchaser  is  hereby  author- 
ized and  empowered  to  procure  a proper  abstract  of 
title  of  such  premises  from  the  clerk  of  Onondaga 
county,  extending,  if  need  be,  back  to  the  original 
source  of  title.  The  expenses  of  such  abstract,  and  the  Expense  of 

notices. 

mailing  and  publishing  of  such  notices  shall  be  added 
to  and  become  a part  of  the  amount  required  to  be  paid 
for  the  redemption  of  such  real  estate.  Such  notices 
shall  not  be  served,  nor  shall  the  publication  thereof, 
when  required,  be  commenced  within  eighteen  months 
after  the  date  of  the  certificate.  notice. 

§ 122.  If,  upon  any  such  sale,  any  piece  of  land  be  of  land 
sold  for  more  than  the  amount  then  due  for  the  tax,  amount  of  tax. 
fees,  interest  and  expenses,  including  the  expenses  of 
advertising,  the  certificate  delivered  to  the  purchaser 
shall  draw  interevSt  at  the  rate  aforesaid  only  upon  the  No  interest  on 

amount  more 

amount  so  due,  and  no  interest  upon  any  excess  over  due. 
such  amount. 

§ 123.  If  such  real  estate,  or  any  part  thereof,  be  t reasurer  to 

Kive  convey- 

not  redeemed  as  herein  provided,  the  said  treasurer  shall 
execute  to  the  purchaser,  his  heirs  or  assigns,  a convey- 
ance of  the  real  estate  so  sold,  which  conveyance  shall 
vest  in  the  grantee  an  absolute  estate  in  fee.  The  .said  Treasurer’s 

fees  for  same. 

treasurer  shall  be  entitled  to  demand  and  receive  from 
such  grantee,  for  the  use  of  the  city,  the  sum  of  one 
dollar  for  preparing  such  conveyance.  Kvery  such  Conveyance 

executed  by 

conveyance  shall  be  executed  by  said  treasurer  imder 

his  hand  and  seal  of  said  city,  and  the  execution  acknmvi- 

thereof  shall  be  acknowledged  before  a proper  officer,  ^ 


o6 


REVISED  CHARTER  OF 


Conveyance 
evidence  of 
regularity  of 
sale,  &c. 

Conveyance 
to  be  recorded 
same  as  deeds, 
&c. 


Purchaser  pro- 
tected in  case 
of  irregu- 
larity. 


Interest  on 
reimburse- 
ment. 


Treasurer 
may  enforce 
collection  of 
taxes. 


the  same  as  other  conveyances  of  real  estate  are  ac- 
knowledged under  the  laws  of  this  State,  and  such 
conveyance  shall  be  conclusive  evidence  that  the  sale 
was  regular,  and  also  presumptive  evidence  that  all 
the  previous  proceedings  were  regular  according  to 
law  and  the  provisions  of  this  act.  Every  certificate 
or  conveyance  executed  in  pursuance  of  this  act  may 
be  recorded  in  the  same  manner  and  with  like  effect  as 
a deed  acknowledged  or  proved  before  any  officer 
authorized  by  law  to  take  the  proof  and  acknowledg- 
ment of  deeds. 

§ 124.  Whenever  any  purchaser  under  such  sale,  or 
his  heirs  or  assigns,  shall  be  unable  to  recover  or  retain 
possession  of  any  real  estate  sold  to  him  by  reason  of 
any  irregularity  or  error  in  the  assessment  of  any  per- 
son or  property,  or  the  levying  of  any  tax  thereon,  or 
in  any  proceeding  for  the  collection  of  any  tax,  the 
common  council  of  said  city  .shall  reimburse  the  pur- 
chase money  so  paid,  with  interest  at  six  per  centum 
from  the  time  of  its  payment,  the  amount  thereof  to  be 
presented  and  audited  as  other  city  charges,  and  paid 
by  the  treasurer  of  said  city. 

g 125.  Whenever  any  city  tax  levied  and  assessed 
upon  any  person  or  property  in  the  city  of  Syracuse, 
with  the  fees,  interest  and  expenses  which  may  by  law 
be  added  thereto,  shall  remain  unpaid  for  six  months 
after  the  warrant  for  its  collection  has  been  placed  in 
the  hands  of  the  treasurer  of  said  city,  the  said  treas- 
urer may  maintain  an  action  in  his  name  of  office  for 
the  amount  of  such  tax,  fees  and  expenses  remaining 


THE  CITY  OF  SYRACUSE. 


107 


unpaid  and  uncollected,  with  interest  thereon  at  the 

rate  of  twelve  per  centum  per  annum,  to  be  com- interest,  12  per 

centum  per 

puted  from  the  first  day  of  February,  when  such 
was  payable,  against  any  person  or  corporation  liable 
* for  such  tax,  or  the  representative  of  such  person  or 
corporation,  in  any  court  of  competent  jurisdiction  in 
which  the  proceedings,  costs,  judgments  and  execu- 
tions shall  be  the  same  and  with  like  effect  as  in  ac- 
tions between  other  public  officers  and  individuals, 
and  the  amount  collected  by  any  such  suit  shall  be  used 
and  applied  by  said  treasurer  in  the  same  manner  as 
though  the  same  had  been  collected  by  the  sale  of  real 
estate.  The  warrant  so  delivered  to  the  treasurer  shall  warrant 

evidence  of. 

be  presumptive  evidence  that  all  the  previous  proceed- 
ings, including  the  assessing  and  levying  of  the  tax, 
were  regular  and  according  to  law.  Nothing  in  this  to  conflict, 
act  contained  shall  be  construed  to  repeal  or  abridge 
any  power  now  had  by  officers  for  the  collection  of 
taxes  in  .said  city  of  Syracuse. 


§ 126.  All  the  provisions  of  this  act  shall  apply  to  Local  assess- 
ments, 

and  include  the  collection  of  all  local  assessments  and to. 
taxes  for  local  improvements,  provided  that  no  sale  of 
real  estate  for  any  unpaid  local  assessments  shall  be 
made  within  one  year  from  the  time  when  the  same  No  sale  within 

one  year. 

became  due  and  payable. 


§ 127.  Whenever  there  is  manifest  error  in  copying  Error  in  copy 

of  assessment 

any  assessment-rolls,  or  in  levying  and  extending  any  [/^herwlse 
tax  or  assessment,  the  common  council  may  at  any 

. ....  - Council  may 

time  Within  six  months  after  the  completion  of  such  correct  by 

two-thirds 

assessment-roll,  by  a vote  of  two-thirds  of  all  the 


io8 


REVISED  CHARTER  OF 


Council  no 
power  to 
change 
valuation. 


Council  may 

renew 

warrant. 


Not  exceeding 
thirty  days. 


Council  may 
reassess  in 
certain  cases. 


Council  may 
refund. 


Council  shall 
make  addi- 
tional assess- 
ment for  local 
work. 


Taxes  and 
assessment 
cease  to  be  a 
lien. 


members  elected,  correct,  cancel,  remit  or  add  to  the 
same,  but  shall  have  no  power  to  alter  any  valuation 
made  by  the  assessors  ; nor  shall  such  amended  assess- 
ment, if  greater  than  the  original  assessment,  be  a 
lien  on  the  real  estate  for  the  amount  added  as  against 
purchasers,  or  mortgagees,  in  good  faith. 

§ 128.  The  common  council  may,  by  a vote  of  two- 
thirds,  of  all  the  members  elected,  renew  any  warrant 
for  local  assessments,  or  city  or  county  tax,  once,  for  a 
term  not  exceeding  thirty  days. 

§ 129.  In  case  any  tax  or  assessment  shall  be  void  or 
have  failed  for  want  of  jurisdiction,  or  for  any  irregu- 
larity in  the  levying  or  assOvSsing  thereof,  the  common 
council  shall  have  the  power,  and  it  shall  be  their 
duty,  to  cause  the  same  to  be  reassessed  in  a proper 
manner ; if  any  person  shall  have  paid  on  the  former 
assessment,  the  same  shall  be  credited,  or  in  case  the 
payment  exceed  the  amount  re-assessed,  the  surplus 
shall  be  refunded.  In  case  any  amount  assessed  for 
local  improvements  at  any  time  shall  be  insufficient  to 
defray  the  expense  of  such  improvement,  the  common 
council  shall  cause  to  be  assessed  the  amount  which 
the  actual  expense  thereof  exceeds  the  amount  first 
assessed,  to  be  assessed  in  like  manner  as  other  assess- 
ments of  a like  nature. 

§ 130.  All  taxes  and  asse.ssments  on  real  estate  shall 
cease  to  be  a lien,  as  against  subsequent  purchasers, 
mortgages  and  other  incumbrancers,  unless  the  certi- 
fied copy  mentioned  in  section  one  hundred  and  sixteen 


THE  CITY  OF  SYRACUSE.  IO9 

shall  be  filed  in  the  county  clerk’s  office  within  one 
year  after  the  making  of  the  original  assessment-roll, 
and  such  lien  shall  cease  as  against  the  same  ‘ descrip- 
tion of  persons  at  the  end  of  five  years  from  the  date  of 
filing  said  certified  copies. 

TITLE  VIII. 

BOARD  OF  CITY  AUDITORS. 

§ 1 3 1.'’'  The  supervisors  elected  from  the  several 
wards,  together  with  the  mayor  of  the  city,  shall  con- 
stitute the  board  of  city  auditors ; the  mayor  shall  be 
chairman  of  said  board,  ex-officio,  and  the  city  clerk 
shall  be  ex-officio  clerk  of  said  board,  but  shall  receive 
no  extra  compensation  therefor.  The  members  of  said 
board  except  the  mayor  shall  receive  as  full  compensa- 
tion for  their  services  as  such,  the  sum  of  one  hundred 
dollars  each,  annually.  From  and  after  the  fifteenth  ceased  to 

exist  Dec.  15th, 

day  of  December,  eighteen  hundred  and  eighty-eight, 
the  said  board  of  city  auditors  shall  cease  and  determ- 
ine : and  all  the  powers  and  duties  theretofore  vested 
in,  and  resting  upon  said  board  of  city  auditors  shall 
be  transferred  to,  and  be  exercised  by  the  mayor  and 
common  council  of  said  city  ; and  every  officer,  board 
or  department  of  said  city  theretofore  required  to  report 
to  said  board  of  city  auditors  shall  report  in  like  man- 
ner to  the  common  council. 

§ 132.  Except  as  herein  otherwise  provided  the  board  Powers  and 
of  city  auditors  shall  possess  the  powers  and  perform 


*As  amended  by  chap.  449  of  Laws  of  1889. 


I lO 


REVISED  CHARTER  OF 


To  have  gen- 
eral manage- 
ment and 
control. 


To  constitute 
a quorum. 


The  paying 
out  of  moneys 


All  records 
and  accounts 
to  be  pre- 
sented to  the 
board. 


Power  to 
make,  alter 
and  repeal 
rules,  &c. 


the  duties  of  town  boards  in  the  several  towns  of  the 
county  of  Onondaga,  as  now  regulated  by  the  general 
statutes  of  this  State. 

§ 133.  The  said  board  shall  have  the  general  man- 
agement and  control  of  the  poor  department  of  said 
city  and  of  the  finances  of  the  police  department  and 
board  of  health  ; and  they  shall  have  power  to  borrow 
money  from  time  to  time  when  necessary  for  the  sup- 
port of  the  poor,  the  maintenance  of  the  police  depart- 
ment, the  payment  of  salaries  and  the  expenses  of  the 
board  of  health,  in  anticipation  of  the  county  tax  in 
each  year.  Six  supervisors  shall  be  necessary  to  con- 
stitute a quorum,  and  in  the  absence  of  the  mayor  the 
board  may  select  a chairman  pro  tempore  from  their 
own  number. 

§ 134.  No  moneys  shall  be  paid  out  by  said  board 
except  by  resolution  and  upon  warrants  signed  by  the 
mayor  and  clerk,  and  the  ayes  and  nays  shall  be  called 
and  recorded  upon  all  resolutions  authorizing  the  bor- 
rowing or  the  expenditure  of  money. 

§ 135.  It  shall  be  the  duty  of  the  board  of  police 
commissioners  and  of  the  board  of  health  to  present  all 
records  kept  by  them  respectively,  and  all  accounts  of 
moneys  received  or  disbursed  by  either  of  them  to  said 
board  of  city  auditors  at  such  times  as  they  may  require 
or  prescribe. 

§ 136.  The  said  board  shall  have  power  to  make, 
alter,  amend  and  repeal  all  such  rules  and  regulations 
as  they  may  deem  necessary  or  proper  for  the  execu- 


THE  CITY  OF  SYRACUSE. 


1 I I 

tion  of  the  power  and  the  performance  of  the  duties 
imposed  upon  them  by  this  act,  or  by  the  general 
statutes  of  the  State.  They  may  prescribe  the  form  of 
affidavit  to  be  sworn  to  and  annexed  to  all  bills  payable 
by  them,  and  fix  the  time  and  manner  of  auditing  and 
paying  accounts  and  salaries. 

§137.  The  expense  to  be  paid  b}"  the  board  of  city  Expenses  to  be 

paid  by  the 

auditors  by  and  out  of  the  county  tax  levied  and  col-  board, 
lected  as  in  this  act  provided,  shall  be  the  expenses  of 
the  police  department,  including  salaries,  the  expense 
of  the  police  court,  including  the  salaries  of  the  police 
justice  and  clerk,  the  expenses  of  the  poor  department, 
including  the  salaries  of  the  overseer  and  assistant 
overseer,  the  expenses  of  the  board  of  health,  includ- 
ing .salaries,  and  the  salaries  of  the  assessors  and  city 
auditors. 


TITLE  IX. 

IvOCAU  ASSP:.S.SMKNTvS  and  improvements. 

§ 138*.  The  common  council  of  said  city  .shall  have  Authority  in 

, , . , coininon  coun- 

jurrsdiction  and  authority  to  order  the  construction  and  to  make 

local  improve- 

repair  of  sewers,  pavements,  gutters  and  sidewalks  and 
macadamizing  of  streets,  and  all  other  local  improve- 
ments upon  any  street  or  part  thereof,  within  .said  city, 
including  the  sprinkling,  grading  and  repairs  of  streets, 
and  to  provide  for  and  defray  the  expenses  thereof  by 
local  assessment. 


*As  amended  by  chap.  449  of  the  Laws  of  1888. 


J 12 


REVISED  CHARTER  OF 


Petitions  for 
local  improve- 
ments. 


Service  of 
notice  upon 
property- 
owners. 


Notices,  how 
served. 


Notices  .shall 
be  served  ten 
days  previous 
to. 

And  shall 
specify  time 
objection' 
must  be  made 


§ 139."^  Before  any  local  improvement  shall  be  under- 
taken, except  for  the  construction,  repair  or  reconstruc- 
tion of  sidewalks,  it  shall  be  necessary  for  the  owners 
of  at  least  one-third  of  the  total  number  of  front  feet, 
lineal  measurement,  or  at  least  one-third  in  number  of 
the  owners  of  the  property  on  the  street  or  part  of  a 
street  in  or  upon  which  the  proposed  improvement  is 
to  be  made,  to  petition,  request  or  consent,  in  writing, 
for  the  making  thereof.  Upon  the  receipt  of  any  such 
petition,  i:equest  or  consent  for  any  local  improvement, 
the  common  council,  if  it  shall  determine  to  make  the 
improvement  asked  for,  shall  cause  a printed  or  writ- 
ten notice  of  the  proposed  improvement  to  be  served 
on  the  persons  owning  property  fronting  upon  the 
street  or  part  of  a street  in  or  upon  which  such  im- 
provement is  proposed  to  be  made ; such  notice  shall 
be  served  upon  the  owner  personally,  or  by  leaving  the 
same  at  his  residence  with  some  person  of  suitable  age 
and  discretion,  or  by  depositing  the  same  in  the  post- 
office,  properly  inclosed,  postage  paid,  and  directed  to 
such  owner  at  his  last  known  place  of  residence.  If 
there  be  two  or  more  owners  of  any  one  piece  of  prop- 
erty, service  upon  any  one  of  them  shall  be  sufficient. 

§ 140.  Such  notices  shall  be  served  at  least  ten  days 
before  the  improvement  shall  be  ordered  by  the  com- 
mon council,  and  shall  specify  the  time  within  which 
any  person  interested  may  object  to  such  improvement, 
which  time  shall  not  expire  sooner  than  the  next  regu- 

*As  amended  by  chap  475  of  the  Laws  of  1889  and  chap.  531 
of  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


II3 

lar  meeting  of  the  common  council,  and  that  in  case 
no  objection  is  made  within  the  time  specified,  all 
persons  interested  will  be  deemed  to  have  acquiesced 
in  the  proposed  improvement.  Such  objection  must  Objections 

must  be  made 

be  made  in  writing,  delivered  to  the  city  clerk.  If  no  writing, 
objection  be  made,  the  common  council  may,  at  any 
regular  meeting  within  two  months  after  the  expiration 
of  such  ten  da.ys,  by  a majority  vote,  subject  to  the 
mayor’s  veto,  as  in  other  cases,  order  the  improve- 
ment to  be  made ; but  if  any  such  objection  be  made 
within  the  time  specified,  the  improvement  shall  not 
be  ordered  except  by  the  vote  of  two-thirds  of  all  the  !)bj*S;t?on^  two- 

thirds  vote 

members  of  said  common  council.  required. 

§ 14 1.*  Before  the  common  council  shall  direct  the  Assessors  to 

certify  to 

service  of  the  notices  aforesaid,  it  shall  be  the  duty  of 
the  assessors,  or  a majority  thereof,  to  examine  such 
petition  or  consent  and  certify  that  the  number  of 
owners  required  by  section  one  hundred  and  thirty-nine 
have  signed  the  .same,  which  certificate  shall  be  in- 
dorsed upon  .said  petition  and  shall  be  final  and  con- 
clusive evidence  of  that  fact.  No  person  signing  a Signers  of 

. , petitions,  &c., 

petition,  request  or  consent  .shall  be  counted  or  con.sid- restricted  in 

withdrawing, 

ered  upon  a remon.strance  against  the  improvement 
petitioned  for,  requested  or  consented  to  by  him  ; nor 
be  permitted  to  withdraw  his  name  from  such  petition, 
or  revoke  such  request  or  consent,  within  three  months 
after  the  pre.sentation  of  such  petition,  reque.st  or  con- 
sent to  the  common  council. 

*As  amended  by  chap.  449  of  the  Laws  of  1888,  and  chap.  531 
of  the  Laws  of  1893. 


Commissioner 
of  public 
works  to  cer- 
tify comple- 
tion. 


Local  im- 
provement 
bonds. 


Bonds  exe- 
cuted by  may- 
or and  city 
clerk. 


Interest  not 
■exceeding  four 
per  centum. 


Proceeds  of 
sale  of  bonds, 
hpw  applied. 

Proceeds  of 
assessments, 
how  applied. 


I 14  REVISED  CHARTER  OF 

§ 142. Upon  the  completion  of  any  local  improve- 
ment, the  comissioner  of  public  works  shall  certify  the 
fact  to  the  common  council  and  the  total  cost  thereof, 
including  the  cost  of  inspection  and  all  other  expenses 
incidental  to  such  improvement.  Whenever  such 
total  cost  shall  exceed  the  sum  of  one  thousand  dollars, 
the  common  council  may,  in  its  discretion,  issue  local 
improvement  bonds,  in  amount  not  exceeding,  in  the 
aggregate,  four-fifths  of  such  total  cost,  nor  in  excess 
of  the  amount  of  such  cost  remaining  unpaid  as  shall 
be  certified  by  the  city  treasurer  at  the  expiration  of 
the  sixty  days  mentioned  in  section  one-hundred  and 
forty-five  of  said  chapter,  one-fourth  of  which  shall 
mature  in  one  year,  one-fourth  in  two  years,  one-fourth 
in  three  years,  and  one-fourth  in  four  years,  from  a 
date  not  more  than  ninety  days  after  the  date  of  the 
certificate  of  the  city  treasurer.  Such  bonds  shall  be 
executed  by  the  mayor  and  city  clerk  under  the  corpo- 
rate seal  of  said  city,  and  shall  be  issued  at  not  less 
than  the  par  value  thereof,  and  shall  bear  interest  at  a 
rate  to  be  approved  by  the  common  council,  not  ex- 
ceeding four  per  centum  per  annum,  and  shall  specify 
the  improvement  for  which  they  are  issued.  The  pro- 
ceeds of  the  sales  of  such  bonds  shall  be  applied  toward 
the  payment  cost  of  such  improvement.  Such  part  of 
the  proceeds  of  the  assessment,  hereinafter  provided 
for  such  improvement,  as  shall  be  necessary,  shall  be 
applied  in  payment  and  redemption  of  the  bonds  hereby 
authorized,  with  interest  thereon  as  provided  therein, 


*As  amended  by  chap.  449  of  the  Laws  of  1888,  chap.  475  of 
the  Laws  of  1889,  and  chap.  376  of  the  Laws  of  1891. 


THE  CITY  OF  SYRACUSE. 


I 15 

as  the  same  shall  become  due  and  payable.  The  sur-  Disposition  of 

surplus. 

plus,  if  any,  shall  be  credited  to  the  contingent  fund. 

Upon  receipt  of  the  certificate  of  the  commissioner  of 
public  works  above  referred  to,  the  common  council  Council  to 

direct 

shall  direct  the  total  cost  of  such  improvement  to  be  assessment, 
assessed  by  the  assessors  of  the  city,  and  it  shall  be 
their  duty  immediately  to  assess  the  same  upon  the 
property  fronting  upon  the  street,  in  or  upon  which 
the  improvement  has  been  made,  in  an  equitable  man- 
ner, as  near  as  may  be,  in  proportion  to  the  benefits 
which  each  owner  of  such  property  may  be  deemed  to 
derive  therefrom,  without  reference  to  erection  or  im- 
provements thereon.  Provided,  however,  the  common 
council  may,  during  the  progress  of  the  work  upon 
any  local  improvement,  upon  the  certificate  of  the  com- 
missioner of  public  works,  that  a portion  thereof  has 
been  completed  in  accordance  with  the  terms  of  the 
contract  therefor,  estimating  the  value  of  the  part  so 
performed  at  the  contract  price  therefor,  advance  to  Advances  to 

contractors. 

the  contractor,  upon  the  contract  price  a sum  not  ex- 
ceeding seventy-five  per  centum  of  the  estimate  so 
given.  Such  advance  payment  shall  be  refunded  out 
of  the  proceeds  of  the  assessment  for  such  work,  or  of 
bonds  issued  on  account  thereof. 

143.  They  shall  make  out  an  assessment-roll  and  Manner  of 

assessment. 

set  the  amount  of  the  tax  assessed  in  the  last  column 
of  the  roll,  opposite  the  name  of  the  person,  corpora- 
tion, association  or  property  assessed  and  shall  leave 
the  said  roll  at  their  office,  and  thereupon  give  public  Notice  of  qom- 
notice  in  the  official  papers  for  one  week  that  such  as-  liSs^sment. 


Assessoi's 
shall  hear 
objections. 

Correction  of 
assessment. 


Appeal  from 
assessment. 


Council  to 
hear  appeal. 


New 

assessment. 


Proceedings  in 
new  assess- 
ment by- 
council. 


Il6  REVISED  CHARTER  OF 

sessnient  roll  will  remain  at  their  office,  for  the  term  of 
ten  days  from  the  date  of  such  notice,  during  which 
time  any -person  interested  may  examine  the  said  roll, 
and  at  the  expiration  of  said  ten  days,  and  on  a day 
and  hour,  and  at  a place  to  be  specified  in  said  notice, 
the  said  assessors  shall  meet  and  hear  any  objections  to 
said  assessment,  and  shall  decide  upon  the  same,  and 
shall,  if  need  be,  alter  and  correct  said  assessment  roll, 
and  when  completed,  sign  the  same,  and  file  it  with 
the  city  clerk  ; whereupon  and  within  one  week  any 
party  thinking  himself  aggrieved  may  file  with  the 
clerk  a written  appeal  thereupon,  briefly  stating  the 
grounds  of  such  appeal. 

§ 144.  The  common  council  shall  thereupon  proceed 
to*  hear  and  determine  such  appeal  or  appeals,  upon 
view  of  the  property  assessed,  or  upon  evidence,  or 
both,  and  affirm  or  reverse  the  assessment.  In  case  of 
affirmance  the  proceedings  thereafter  to  collect  the  said 
assessment  shall  remain  the  same  as  if  no  appeal  had 
been  taken.  In  case  of  reversal  the  common  council 
shall  appoint  three  disinterested  freeholders  of  the  city 
who  shall  proceed  in  like  manner  and  for  such  pur- 
pose be  invested  with  the  same  powers  as  the  assessors 
of  the  city,  commissioners  to  make  a new  assessment. 
They  shall  make  their  tax-roll  in  the  same  manner 
and  sign  the  same  and  file  it  with  the  city  clerk,  which 
shall  be  conclusive  upon  all  parties.  The  common 
council  shall  then  proceed  in  the  same  manner  as  if  no^, 
appeal  had  been  taken  during  the  ten  days  aforesaid, 
cause  the  proper  warrant  to  be  attached  and  deliver 


THE  CITY  OF  SYRACUSE. 


II7 

the  same  to  the  treasurer.  The  aforesaid  commission-  Compensation 

of  commis- 

ers  shall  receive  three  dollars  per  day  for  their  services,  sioners. 

§ 1 45."^  Whenever  the  assessment-roll  for  any  local  Collection  of 

* local 

improvement  shall  be  left  with  the  treasurer,  he  shall  assessments, 
receive  the  taxes  thereon  for  the  first  ten  days  without 
fee ; for  ten  days  thereafter  at  one  per  centum  fee ; for 
the  next  twenty  days  at  three  per  centum  fee,  and  for 
the  succeeding  twenty  days  at  five  per  centum  fee. 

If  any  such  taxes  remain  unpaid  at  the  expiration  of 
the  .sixty  days  herein  mentioned,  the  said  treasurer 
shall  proceed  to  collect  the  same  with  the  fees  thereon 
and  interest  at  the  rate  of  twelve  per  centum  per  interest 

thereon. 

annum,  in  the  same  manner  as  directed  in  this  act  for 
the  collection  of  county  or  city  taxes  by  distress  and 
sale.  Provided  that  in  any  case  when  the  common 
council  shall  issue  local  improvement  bonds  as  author-  ptyJb/e^^  five 

installments. 

ized  by  section  one  hundred  and  forty-two  of  said  chap- 
ter as  amended,  the  payment  of  one  fifth  of  every  such 
tax  shall  become  due  and  payable  at  the  time  or  times, 
and  subject  to  the  penalties  above  prescribed  ; one- fifth 
thereof,  with  one  year’s  interest  thereon  added  at  the 
rate  of  five  per  centum  per  annum,  shall  become  due 
and  payably  one  year  thereafter,  subject  thereafter  to 
the  same  penalties,  and  all  provisions  for  the  enforce- 
ment and  collection  of  said  assessment ; one-fifth 
thereof,  with  two  years’  interest  thereon  added  at  the 
rate  of  five  per  centum  per  annum,  shall  become  due 
and  payable  two  years  thereafter,  subject  thereafter  to 

*As  amended  by  chap.  449  of  Laws  of  1888,  and  chap.  376  of 
the  Laws  of  1891 . 


Whole 
becomes  due 
in  case  of 
default. 


Fees,  twelve 
per  centum 
per  annum. 


Construction 
of  sidewalks 
and  gutters. 


Council  shall 
declare  inten- 
tion to  con- 
struct sewers. 


U8  REVISED  CHARTER  OF 

the  same  penalties  and  provisions ; one-fifth  thereof 
with  three  years’  interest  thereon  added  at  the  rate  of 
five  per  centum  per  annum,  shall  become  due  and  pay- 
able three  years  thereafter,  subject  thereafter  to  the 
same  penalties  and  provisions;  and  one-fifth  thereof 
with  four  years  interest  thereon  added  at  the  rate  of 
five  per  centum  per  annum,  shall  become  due  and  pay- 
able four  years  thereafter,  subject  thereafter  to.  the 
same  penalties  and  provisions.  In  case  of  any  default 
in  payment  of  any  installment  within  sixty  days  after 
the  same  becomes  due  and  payable  as  above  provided, 
the  whole  amount  of  the  tax  assessed  upon  such  im- 
provement against  the  person  or  persons  so  in  default, 
with  fees  as  above  prescribed,  computed  upon  such 
whole  amount,  shall  thereupon  become  and  be  due  and 
payable ; and  the  treasurer  shall  proceed  to  collect  the 
same  with  the  fees  and  interest  thereon  at  the  rate  of 
twelve  per  centum  per  annum,  in  the  manner  above 
prescribed. 

§ 146.  The  common  council  may,  in  their  discretion, 
order  the  construction  of  a sidewalk  or  gutter,  upon 
one  side  only  of  any  street  or  part  of  street,  in  which 
case  only  the  property  fronting  upon  that  side  of  the 
street  so  improved  shall  be  deemed  the  property  front- 
ing upon  the  street  or  portion  of  the  street  in  which 
the  improvement  is  made. 

§ 147.  Whenever  the  common  council  shall  under- 
take the  construction  of  a sewer  under  the  provision  of 
this  title  they  shall,  prior  to  ordering  the  service  of 
notices  as  pre.scribed  in  sections  one  hundred  ami 


THE  CITY  OF  SYRACUSE.  II9 

thirty-nine  and  one  hundred  and  forty,  by  resolu- 
tion declare  their  intention  to  construct  such  sewer, 
specifying  in  the  resolution  the  two  points  between  Must  specify 

^ size,  &c. 

which  it  is  proposed  to  construct  the  same,  together 
with  the  size  thereof,  and  the  materials  of  which  it  is 
to  be  constructed. 

§148.  The  city  engineer  shall  thereupon  make  a city  engineer 

to  make 

survey  and  prepare  an  estimate  of  the  material  re-  survey  and 

estimates. 

quired,  and  also  the  amount  of  each  kind  of  excava- 
tion, together  with  the  total  cost  of  the  same,  and  file 

such  estimate  with  the  clerk.  The  common  council  Council  to 

cause  notices 

shall  thereupon  cause  such  notices  to  be  served  as  pro-  served, 
vided  in  said  sections  at  least  ten  days  before  the  work 
shall  be  ordered,  and  shall  also  cause  similar  notices  to 
be  published  in  the  official  papers  for  one  week,  the  Publication  of 

notices. 

first  publication  to  be  at  least  ten  days  before  the  w'ork 
shall  be  ordered,  and  such  notices  shall  specify  the  size 
and  estimated  cost  of  such  sewer  and  the  points  be- 
tween which  it  is  to  be  constructed. 

§ 149.  At  any  time  after  the  first  publication  of  such  property  own- 

ers  may  make 

notice,  and  before  the  work  is  ordered,  any  person  in- objection, 
terested  may  object  to  the  same,  such  objection  to  be 
made  in  writing,  delivered  to  the  city  clerk;  if  no  ob-  Proceedingsin 
jection  be  made,  the  common  council  may,  at  any  objec^tL^m 
regular  meeting  within  two  months  after  the  expira- 
tion of  such  ten  days,  by  a majority  vote,  subject  to 
the  mayor’s  veto  as  in  other  cases,  order  such  sewer  to 
be  constructed ; but  if  any  objection  be  made  within 
the  time  specified,  the  common  council  shall  hear  such 


120 


REVISED  CHARTER  OF 


In  case  of 
objection. 


Two-thirds 
vote  necessary 
in  case. 


Cost  of  sewers’ 
how  paid. 


In  case  of 
sewers  of  over 
two  feet 
diameter. 


City  to  pay 
all  over. 


Engineer  to 
estimate  cost 
of  two-foot 
sewers. 


Sewers  to  con- 
form to 
established 
system. 


When  council 
may  change. 


objection,  with  any  evidence  which  may  be  offered, 
but  shall  not  order  the  construction  of  such  sewer,  ex- 
cept by  the  vote  of  two- thirds  of  all  the  members  of 
the  common  council. 

§ 150.  The  cost  of  constructing  any  sewer  shall  be 
assessed  and  collected  the  same  as  other  local  improve- 
ments, except  that  whenever  the  common  council  shall 
order  any  sewer  to  be  constructed  of  a size  greater  than 
two  feet  in  diameter,  they  shall  cause  the  estimated 
expense  of  a two- foot  sewer  of  the  same  kind  on  the 
same ’line  to  be  assessed  upon  the  property  fronting 
upon  the  line  thereof,  and  the  excess  over  and  above 
such  sum  shall  be  paid  by  the  city  at  large  out  of  the 
contingent  fund.  It  shall  be  the  duty  of  the  city 
engineer  to  furnish  the  common  council  with  a certifi- 
cate of  the  whole  expense  of  such  work,  with  an  esti- 
mate of  what,  in  his  opinion,  would  be  the  expense  of 
constructing  a two-foot  sewer  of  the  same  kind. 

§ 1 5 1.*  All  sewers  constructed  in  said  city  shall  con- 
form in  all  things  to  the  system  of  sewerage  estab- 
lished under  the  provisions  of  chapter  seven  hundred 
and  eighty  of  the  laws  of  one  thousand  eight 
hundred  and  sixty- eight,  except  it  be  made  to 
appear  to  the  common  council  that  said  system  is 
incorrect,  in  which  case  the  said  common  council 
may,  in  their  discretion,  make  any  necessary  changes 
in  said  system  and  may  increase  the  size,  or  change 
the  grade  of  any  sewer  and  determine  its  place  of  dis- 

*As  amended  by  chap.  449  of  the  Laws  of  1888,  and  chap  475 
of  the  laws  of  1889. 


THE  CITY  OF  SYRACUSE. 


12  I 


charge,  and  such  change  and  the  determination  of  the 
common  council  shall  be  carried  out  under  the  advice  Commissioner 

of  public 

and  direction  of  the  commissioner  of  public  works ; works  to 

’ supervise. 

and  whenever  such  s^'stem  provides  for  the  construe-  Sewers  be- 
tion  or  extension  of  any  sewer  beyond  the  corporate 
limits  of  said  city,  said  common  council  shall  have 
power  and  is  hereby  authorized  to  order  the  construc- 
tion or  extension  of  the  same  beyond  such  corporate 
limits,  having  first  obtained  the  consent  or  approval  of  Consent  of  vii- 

lag-e  or  town 

the  lawful  authorities  of  any  village  or  town  Ibi'ougb  be  ou^lijfeV ° 
which  the  same  is  proposed  to  be  constructed  or  ex- 
tended, and  the  consent  of  the  owners  of  any  private  Consent  of 

private  own- 

property  in  such  town  or  village  through  which  such 
sewer  may  run. 


§152.  Whenever  the  common  council  shall  under- Repairing, 

IMacadamiz- 

take  to  repave  or  re-macadamize  any  street  or  part  of  a '"k-  grading 

^ ^ and  regrading 

street  in  said  city  which  has  already  been  paved  or  ma-  pAwemmi't. 
cadamized,  or  to  grade  or  regrade  the  same,  such  work 
shall  be  deemed  a local  improvement  and  su])ject  to 
the  provisions  of  this  title. 

§ 153."^  In  proceedings  for  paving,  repaving  or  ma- 
cadamizing  any  street  or  part  of  a street,  the  term 
“pavement”  shall  be  deemed  to  include  curbstones 
and  gutters. 


^ 154.1  cases  where  the  common  council  shall  Gas  and  water 

mains  to  be 

order  any  pavement  to  be  made  in  any  street,  or  part 

*As  amended  by  chap.  449  of  the  Laws  of  1888. 

f As  amended  by  chap.  449  of  the  Laws  of  1888  and  chap.  531  of 
the  Laws  of  1 893. 


122 


REVISED  CHARTER  OF 


Construction 
of  sewers. 


Expense 
defrayed  by 
local  assess- 
ment. 

When  to  be 
constructed. 


Work  and 
materials,  coU' 
tracts  for, 
how  let. 


of  a street,  where  the  gas  and  water  mains  have  not 
been  laid,  or  where  those  already  laid  are  of  insuffi- 
cient capacity  or  improperly  located,  they  shall  require 
such  gas  and  water  mains  to  be  laid  before  such  paving 
is  done,  and  in  every  case  w'here  in  accordance  with 
the  system  of  sewerage  of  the  city,  a sewer  has  not 
been  built  in  any  street  or  part  of  a street  thus  to  be 
paved  or  repaved,  and  where  in  any  case  a sewer  has 
not  been  built  in  any  street  or  part  of  a street,  or  a 
sewer  already  constructed  in  such  street  or  part  of  a 
street,  shall  be  condemned  by  the  common  council  as 
insufficient  in  capacity  or  improperly  located  as  to 
depth  or  alignment,  or  a menace  to  health  or  for  any 
other  cause,  the  common  council  may,  on  their  own 
motion,  by  the  two- thirds  vote  of  all  the  members 
elected,  cause  such  sewer  to  be  constructed  of  such 
size  and  depth  and  in  such  location  as  will  correspond 
with  the  system  of  sewerage  of  this  city,  if  such  sys- 
tem, as  established,  or  as  may  be  established,  includes 
such  street  or  part  of  a street,  or  as  shall  be  deemed 
sufficient  and  proper  by  the  common  council  in  case 
such  system  does  not  include  such  street  or  part  of  a 
street,  and  the  expense  thereof  defrayed  by  a local 
assessment,  subject  to  the  provision  of  section  one 
hundred  and  fifty,  the  same  to  be  constructed  before 
such  paving  or  repaving  shall  be  done,  in  case  such 
street  or  part  of  a street  is  to  be  paved  or  repaved. 

§ 155."^  Whenever  the  common  council  shall  order 
any  work  done  or  materials  or  supplies  to  be  furnished. 


*As  amended  by  chap.  449  of  Laws  of  1888. 


THE  CITY  OF  SYRACUSE. 


123 


under  the  provisions  of  the  foregoing  sections  of  this 
title,  the  same  shall  be  done  by  contract  if  it  shall  in- 
volve an  expenditure  exceeding  seventy  five  dollars, 
and  such  contract  shall  be  let  to  the  lowest  bidder, 
who  shall  give  one  or  more  sureties,  being  freeholders, 
for  its  faithful  performance,  who  shall  make  oath 
writing  that  he  or  they  are  worth  a sum  double  the 
contract  price,  over  all  debts  and  liabilities  he  owes  or 
has  incurred  and  exclusive  of  property  exempt  from 
execution.  When  the  lowest  bid  in  the  opinion  of  the  Right  to  reject 
common  council  is  too  high,  they  shall  have  the  right 
to  reject  it,  and  may  then  by  resolution  discontinue  or 
abandon  the  work,  or  they  may  direct  the  clerk  to  ad- 
vertise for  new  proposals. 

§ 156."^  All  work  done  under  the  provisions  of  the  work  shall  be 

done  nnder 

foregoing  sections  of  this  title  shall  be  done  under  the  commissioner 
direction  of  the  commissioner  of  public  works,  and  in  worksf  and  the 

cit}^  eng-ineer. 

accordance  with  the  plans,  specifications  and  estimates 
prepared  by  the  city  engineer,  unless  otherwise  .speci- 
ally ordered. 

^157.  Whenever  directed  by  the  common  council  Advertise  for 

proposals  at 

the  clerk  shall  advertise  for  proposals  for  .such  length  ftve  days.. 
of  time  as  the  council  .shall  direct,  not  less  than  five 
days,  and  the  common  council  shall  in  each  ca.se  pre- 
scribe the  amount  which  each  bidder  shall  deposit  as  i^idders  shall 

deposit 

security  for  entering  into  any  contract  which  may  be  security, 
awarded  to  him.  The  proposals  shall  be  in  such  form 
as  the  council  shall  prescribe. 


*As  amended  by  chap.  475  of  the  Laws  of  1889 


124 


REVISED  CHARTER  OF 


Powers  of 
council  rela- 
tive to  side- 
walks and 
gutters. 


§ 158.  The  common  council  of  said  city  shall  also 
have  jurisdiction,  without  petition,  request  or  consent, 
require  the  owners  of  property  fronting  upon  any 
street,  highway,  alley  or  public  place,  to  make,  con- 
struct, relay,  repair  and  keep  in  order  the  sidewalk  and 
gutter  in  front  of  such  property  as  hereinafter  provided. 


Construction 
and  repair  of 
sidewalks  and 
gutters. 


Notice  to  be 
served. 


Time  allowed. 


In  case  of  new 
walks. 


Two-thirds 
vote  required 
to  order  new 
walks  or 
gutters. 


Twenty  days 
allowed. 


§ 159.  Whenever  the  common  council  shall  deem  it 
necessary  that  any  existing  sidewalk  or  gutter  be  re- 
laid,  or  new  sidewalk  or  gutter  constructed,  they  shall 
require  a notice  to  be  served  upon  the  owner  of  the 
premises  in  front  of  which  such  sidewalk  or  gutter  is 
to  be  relaid  or  constructed,  requiring  him  to  relay  or 
construct  the  same,  as  the  case  may  be,  within  two 
weeks  after  the  service  of  such  notice ; and  in  case  a 
new  sidewalk  shall  be  required  to  be  constructed,  the 
council  shall  prescribe  and  the  notice  shall  specify  the 
width  and  thickness  of  such  sidewalk  and  the  materials 
of  which  it  is  to  be  constructed.  No  new  sidewalk  or 
gutter  shall  be  ordered  constructed  except  by  the  vote 
of  two-thirds  of  all  the  members  of  the  common  coun- 
cil. Such  notice  shall  be  served  in  the  manner  pre- 
scribed in  section  one  hundred  and  thirty-nine.  In 
case  such  notice  be  served  by  mail,  the  owner  shall 
have  twenty  days  from  the  mailing  thereof  in  which  to 
comply  with  its  requirements. 


In  case  of  § 160.  Ill  case  any  owiier  shall  neglect  or  refuse  to 

neglect  or  , 1 • i 1 1 • 1 • 1 

refusal.  relay  or  comstruct  such  sidewalk  or  gutter  within  the 
time  limited  therefor,  the  common  council  shall  have 
authorit}'  to  relay  or  construct  the  same,  and  to  cau.se 


THE  CITY  OF  SYRACUSE. 


125 


the  expense  thereof  to  be  assessed  and  collected  in  the 
same  manner  as  other  local  assessments. 


^ It  shall,  in  all  cases,  be  the  duty  of  the  Property  own- 

ers to  keep 

owner  of  ever}"  lot  or  piece  of  land  in  said  city  to  keep  gj^e^Ta^iks  ^ 
the  sidewalks  and  gutters  adjoining  his  lot  or  piece  of  repTire^”^ 
land  at  all  times  safe  and  in  good  repair,  and  also  to 
remove  and  clean  away  all  snow  and  ice  or  other  ob-  :Must  clean 

away  snow 

struction  therefrom.  In  case  any  sidewalk  or  gutter 

. 1 . . . , . , - , Commissioner 

in  said  city  shall,  at  any  tune,  in  the  ludgment  of  the  of  public 
commissioner  of  public  works  require  cleaning,  repair 
or  improvement,  the  said  commissioner  of  public  works  necessliry!^ 
may  serve  a notice  upon  the  owner  of  the  abutting  lot  May  serve 

notice  upon 

requiring  him  forthwith  to  clean,  and  within  five  da3'S 
to  repair  or  improve  such  sidewalk  or  gutter;  such 
notice  shall  be  served  in  the  manner  prescribed  in  sec-  Notice,  how 

served. 

tion  one  hundred  and  thirty-nine.  If  such  notice  to 

repair  or  improve  shall  be  served  by  mail ; the  owner  Mail  service 

^ allows  ten 

shall  have  ten  days  in  which  to  comply  with  its  re- 
quirements. 


§ 162.*  If  any  person  shall  neglect  or  refuse  to  do  i„  case  of 

nej^lect. 

such  cleaning  or  to  make  such  repairs  or  improvements 
within  the  time  limited  therefor  by  such  notice,  the 
said  commissioner  of  public  works  shall  have  the  power  commissioner 

of  public 

to  clean,  repair  or  improve  the  same  in  such  manner  as  works  may. 
he  shall  deem  proper  and  suitable.  Whenever  said  Commissioner 

of  jmblic 

commissioner  shall  do  such  cleaning:  or  make  such  works  to  make 

° statement  to 

repairs  or  improvements,  he  shall  deliver  to  the  owner 
or  send  to  him  by  mail,  whether  he  resides  in  the  city 


*As  amended  by  chap.  475  of  the  Laws  of  1889. 


126 


REVISED  CHARTER  OF 


In  case  of  non- 
payment with- 
in ten  days. 


Commissioner 
to  file  affidavit 
with  assessors. 


Assessed  upon 
the  property. 


Interest  12  per 
centum. 


Repairs  shall 
correspond 
with  original, 
unless. 


Council  and 
Engineer  to 
approve  grade 
of  gutters  and 
sidewalks. 


Council  to 
cause  sewer 
inlets  and 
service  pipes 
for  gas  and 
water  to  be 
constructed 
and  laid. 


or  elsewhere,  a statement  of  the  expense  thereof.  If 
such  expense  be  not  paid  to  the  city  treasurer  within 
ten  days  after  the  deliver}^  or  mailing  af  such  state- 
ment, the  said  commissioner  shall  file  his  affidavit  of 
the  actual  expense  thereof  with  the  assessors  of  the 
city,  and  the  same  shall  thereupon  be  assessed  by  them 
and  collected  the  same  as  other  local  assessments,  with 
interest  thereon  at  the  rate  of  twelve  per  centum  per 
annum  from  the  time  such  affidavit  was  filed. 

§ 163.*  Such  repair  shall  correspond  in  the  materials 
used,  and  in  the  execution  of  the  work,  with  the  origi- 
nal sidewalk  or  gutter,  unless  the  common  council  shall 
direct  a change,  in  which  case  such  direction  shall  be 
carried  out. 

§ 164.  Whenever  any  sidewalk  or  gutter  shall  be 
relaid  or  constructed,  the  same  shall  be  relaid  or  con- 
structed upon  the  grade  fixed  or  approved  by  the  com- 
mon council  or  the  city  engineer. 

§ 165.1  cases  hereafter,  where  the  common 

council  shall  order  any  street  or  part  of  a street  to  be 
paved,  repaved  or  macadamized,  before  such  paving, 
repaving  or  macadamizing  shall  be  done,  said  common 
council  shall,  at  such  distances  apart  as  the  city  engi- 
neer shall  prescribe,  cause  sewer  inlets  to  be  con- 
structed from  any  sewer  in  such  street  or  part  of  a 
street,  and  service  pipes  to  be  laid  from  any  gas  and 
water  mains  in  said  street  or  part  of  a street  to  a point 

*As  amended  by  chap.  475  of  the  Laws  of  1889. 

f As  amended  by  chap.  449  of  the  Laws  of  1888. 


THE  CITY  OF  SYRACUSE. 


127 


beyond  the  curbing  or  gutter  upon  either  or  both  sides 
of  the  street  or  part  of  a street  so  ordered  to  be  paved, 

’repaired  or  macadamized  as  aforesaid,  of  such  size  as 
in  his  judgment  will  be  sufficient  at  all  times  for  the 
requirements  of  such  street,  and  to  include  and  collect  -May  coiieet 

cost  of  sewer 

the  cost  of  such  sewer-inlets  as  a part  of  such  work. 

The  cost  of  such  service  pipes  and  of  the  laying  thereof  Cost  of 

services,  pipes 

shall  be  paid  to  the  city  on  demand  by  the  company  ho^^paid^’ 
with  whose  main  the  same  shall  connect. 

TITLE  X. 

OF  THE  OPENING,  WIDENING,  ALTERING  AND 
STRAIGHTENING  OF  STREETS. 

§ 166.*  Before  any  street,  highway,  alley,  lane  or  streets, 

openings,  &c. 

public  ground  shall  be  laid  out,  widened,  altered  or 
straightened  by  virtue  of  this  act,  the  common  council 
shall  cause  the  same  to  be  surveyed  and  monuments  Survey  and 
placed,  showing  the  lines  thereof,  and  a map  to  be 
made  of  the  .same  and  of  all  property  which  in  its 
judgment  will  be  benefited  by  the  proposed  improve-  Property 

benefited. 

ment ; which  map  .shall  be  filed  in  the  city  clerk’s  Fding  of  maps, 
office  and  a copy  thereof  in  the  county  clerk’s  office, 
and  for  that  purpose  the  common  council  and  those 
acting  by  its  direction  shall  have  power  to  enter  upon 
any  ground  in  said  city. 

§167.*  The  common  council  shall  then,  by  resolu- T 
tion,  declare  its  intention  to  take,  and  describe  the  pf’o^rt\s^etc. 

*As  amended  by  chap.  449  of  the  Laws  of  1888. 


128 


REVISED  CHARTER  OF 


property  proposed  to  be  taken  and  appropriated  for  such 
improvement  and  shall  designate  a time,  place  and 
court  of  record  when,  where  and  in  which  application 
will  be  made  for  the  appointment  of  three  commission- 
ers to  ascertain  and  report  the  just  compensation  to  be 
paid  to  the  person  or  persons  owning  or  having  interest 
Resolution,  in  the  property  proposed  to  be  taken.  Such  resolution 

how  published  ^ ^ i j. 

and  served.  shall  be  published  in  the  official  paper  or  papers  of  the 
city  and  a copy  thereof  shall  be  served  upon  each 
owner  of  any  property  shown  to  be  benefited  by  such 
map,  either  personally  or  by  depositing  the  same  in  the 
postoffice,  in  a post-paid  sealed  wrapper,  addressed  to 
such  owner  at  his  last  known  place  of  residence,  at 
least  ten  days  before  the  time  designated  for  such  ap- 
plication ; if  there  be  two  or  more  owners  of  any  one 
piece  of  property  seiAuce  upon  any  one  of  them  shall 
be  sufficient.  Upon  the  day  designated  in  said  notice 
or  upon  some  other  day  to  be  fixed  by  the  court,  it 
shall  hear  the  application  and  may  appoint  such  com- 
missioners and  fix  the  time  and  place  for  their  first 
Appointment  meeting.  Whenever  any  commissioner  shall  decline 

of  commis- 
sioners, of  to  serve,  the  court  may  appoint  another  in  his  place. 

Duties  of  § i6S.*  The  commissioners  shall,  before  they  enter 

commissioners  performance  of  their  duties,  take  and  sub- 

scribe an  oath  faithfully  to  execute  their  duty  to  the 
To  make  best  of  their  ability.  The}^  shall  together  view  the 

awards. 

property  proposed  to  be  taken  and  may  in  their  discre- 
tion receive  any  evidence  concerning  the  same,  and 
may  adjourn  from  time  to  time.  They  shall  ascertain 


*As  amended  by  chap.  449  of  Laws  of  1888. 


THE  CITY  OF  SYRACUSE. 


129 


and  award  to  the  respective  owners  of  property  to  be 
taken  and  to  all  persons  or  corporations  interested 
therein  such  damages  therefor  (deducting  the  benefits 
to  their  adjoining  lands)  as  in  the  opinion  of  the  com- 
missioners shall  be  just  compensation  to  them  respect- 
ively. The  report  of  the  commissioners  or  a majority 
of  them  shall  be  returned  to  the  common  council  within 
thirty  days  after  their  appointment,  unless  such  time 
be  extended  by  the  common  council.  They  shall  each  Compensation 
receive  three  dollars  per  day  for  their  services. 

§ 169.  Any  person  considering  himself  aggrieved  ^^ireais^and 
by  such  report  may,  within  ten  days  after  the  filing'bf 
the  same,  appeal  to  the  count}^  court  of  the  county  by 
filing  with  the  city  clerk,  and  by  serving  on  each  of 
the  commissioners,  a notice  of  appeal  stating  the 
grounds  thereof.  The  appellant  shall,  at  the  same 
time,  pay  to  each  of  the  commissioners  two  dollars  to 
pay  for  their  return.  The  commissioners,  or  a major- To  make  re- 

tiirn  in  ten 

ity  of  them,  shall  immediately  and  within  ten  days  re- 
turn  to  the  county  court  and  file  with  the  clerk  thereof 
a full  return  of  all  the  evidence  and  proceedings  taken 
before  them  and  the  reasons  for  their  decision.  Such 
commissioners  may  be  compelled  to  make  or  amend 
their  return  in  the  same  manner  as  the  returns  of  justi- 
ces in  appeal  cases  at  any  time  within  ten  days  after 
the  filing  thereof. 

§ 170.  On  notice  by  either  party  of  five  days  the  Right  of 

appeal. 

appeal  may  be  brought  on  to  argument  on  the  commis- 
sioners’ report,  the  return  of  the  commisvsioners  and  the 
notice  of  appeal.  The  courtty  court  may,  in  deciding 


130 


REVISED  CHARTER  OF 


such  appeal,  affirm,  modify  or  disapprove  such  report 
as  said  court  may  deem  proper,  without  reference  to 
technical  objections.  If  the  court  shall  modify  or  dis- 
approve the  same,  the  court  may  refer  it  back  with  in- 
structions to  the  commissioners  for  correction,  or  the 

New  commis-  court  may  appoint  three  other  commissioners  to  assess 

sioners  may  be 

appointed.  anew  the  damages,  who  shall  proceed  in  all  respects  as 
the  commissioners  making  the  first  assessment  are  re- 
quired to  proceed.  If  the  amount  of  damages  awarded 
to  any  person  shall  not  be  increased  or  diminished  more 
than  fifty  dollars  from  the  former  report,  such  last  re- 

Furtherap-  port  shall  be  coiiclusive  between  all  parties  ; otherwi.se, 

peal  may  be 

had.  the  same  may  be  appealed  from  in  the  same  manner, 

and  the  county  court  shall  have  the  same  power  upon 
such  appeal  as  upon  appeal  from  the  former  report. 
The  county  court  shall  be  always  open  for  the  trans- 
action of  an}"  business  under  this  title. 

Assessment  of  I ji.*  lu  case  there  shall  be  no  appeal  from  the  re- 

dama^es,  etc.,  . . _ , . 

by  assessors,  port  of  the  commissioners,  or  upon  the  final  determina- 
tion of  any  such  appeal,  the  common  council  shall 
direct  the  assessors  of  said  city,  and  said  a.sse.ssors  shall 
thereupon  proceed  to  assess  the  amount  awarded  for 
damages  with  the  commissioner’s  fees  and  all  expenses, 
.specifying  the  aggregate  amount  of  the  same  upon  the 
property  to  be  benefited  by  such  improvement,  accord- 
ing to  the  map  referred  to  in  section  one  hundred  and 
sixty-six,  in  a ju.stand  equitable  manner  as  near  as  may 
be  in  proportion  to  the  benefits  received.  They  shall 

*As  amended  by  chap.  449  of  the  Laws  of  1888,  and  chap.  595 
of  the  Laws  of  1892.  , 


THE  CITY  OF  SYRACUSE.  131 

make  out  an  assessment-roll  and  set  the  amount  of  the 
tax  assessed  in  the  last  column  of  the  roll,  opposite  the 
name  of  the  person,  corporation,  association  or  property 
assessed,  and  shall  leave  the  said  roll  at  their  office  and 
thereupon  ^ive  public  notice  in  the  official  papers  for  Public  notice 

^ ± A 1.  completion 

one  week  that  such  assessment- roll  will  remain  at  their 
office  for  the  term  of  ten  days  from  the  date  of  such 
notice,  during  which  time  any  person  interested  may 
examine  the  said  roll,  and  at  the  expiration  of  said  ten 
days,  and  on  a day  and  hour  and  at  a place  to  be  speci- 
fied in  said  notice,  the  said  assessors  shall  meet  and 
hear  any  objection  to  said  assessment,  and  shall  decide 
upon  the  same,  and  .shall,  if  need  be,  alter  and  correct 
said  assessment-roll,  and  when  completed  sign  the 
same  and  file  it  with  the  city  clerk,  whereupon  the  as- 
sessment may  be  appealed  from  in  the  same  manner.  Appeal, 
and  the  common  council  shall  possess  the  same  power 
in  reference  thereto,  and  proceed  in  the  same  manner 
as  on  appeals  from  other  local  assessments.  Provided,  Pending- 

proceedings 

however,  that  no  case  in  which  a proceeding  for  open-  affected, 
ing  or  extending  any  street,  highway,  alley,  lane  or 
public  ground  is  now  pending  shall  be  affected  by  any 
amendment  hereby  of  section  one  hundred  and  sixty- 
six,  one  hundred  and  sixt3"-seven,  one  hundred  and 
sixty-eight,  or  one  hundred  and  seventy-one  of  said 
chapter. 

§ 172.  When  there  are  infants  or  other  incompetent  where  there 

are  infants. 

persons  owners,  whose  property  is  affected  by  any  such 
improvement,  the  county  or  supreme  court  shall  ap- 


132 


REVISED  CHARTER  OF 


Awards  shall 
be  paid  after 
final  deter- 
mination. 


In  case  of 
refusal  or 
right 
disputed. 


Clerk  shall 
make  report. 


Fee  of  land 
shall  be  vested 
in  the  city, 
when  ? 


point  guardians  ad  litem,  to  protect  their  interests  and 
prosecute  appeals. 

§ 173.  Immediately  after  the  final  determination  of 
all  proceedings  in  which  any  award  shall  have  been 
made,  the  common  council  shall  cause  to  be  paid  or 
tendered  to  the  respective  owners  the  amount  awarded 
to  each  respectively ; in  case  any  such  owner  shall  re- 
fuse the  same,  or  be  unknown  or  non-resident  of  the 
city,  or  for  any  reason  be  incapacitated  from  receiving 
the  amount,  or  the  right  thereto  be  disputed  or  doubt- 
ful, the  common  council  may  make  payment  of  the 
portion  into  the  office  of  the  clerk  of  the  county  of  On- 
ondaga, as  clerk  of  the  supreme  court,  accompanied 
with  a statement  of  facts  and  circumstances  in  each 
case,  and  a transcript  of  the  report  of  the  commission- 
ers, as  relates  to  the  ascertainment  of  the  amount  so 
paid  in ; and  said  clerk  shall  make  a report  to  the 
supreme  court  at  its  first  term,  special  or  general,  held 
therefor  in  the  county,  of  the  amount  thus  deposited, 
accompanied  with  the  statement  and  transcript  afore- 
said ; and  the  supreme  court  shall  have  authority,  and 
it  shall  be  their  duty  at  such  term  of  court,  to  order  the 
investment  of  such  money,  or  the  payment  over  on  the 
ascertainment  of  the  person  entitled  thereto.  Upon 
such  payment  or  tender,  or  payment  to  the  clerk  being 
fully  made,  the  fee  of  the  land  .shall  be  vested  in  the 
city. 


THE  CITY  OF  SYRACUSE. 


133 


TiTivH  XI. 

BOARD  OF  EDUCATION. 

§ 174.*  The  commissioners  of  common  schools  of  the  Board  of; 

education, 

several  wards  shall  constitute  the  board  of  education  of  and^qiorum 
the  city.  The  board  shall  meet  annually  on  the  second 
Tuesday  after  the  annual  charter  election,  and  appoint 
a president  from  their  own  body ; a majority  shall  con- 
stitute a quorum  but  a less  number  may  adjourn. 

The  president  shall  have  a vote  on  all  questions,  and 
in  his  absence  a president  pro  tempore  shall  be  ap- 
pointed. The  president  shall  hold  his  office  at  the 
pleasure  of  the  board. 

§ 175.  There  shall  be  appointed  by  the  board  at 
first  annual  meeting  succeeding  the  passage  of  this  act 
and  at  every  third  annual  meeting  thereafter  a superin- 
tendent of  schools.  Each  and  every  superintendent  of  Appointment 

^ and  term  of. 

schools  appointed  in  and  for  the  city  of  Syracuse  after 
this  act  takes  effect  shall  be  appointed  and  shall  hold 
the  office  for  three  years  unless  sooner  removed  by 
resignation,  death  or  for  cause.  Whenever  any  writ-  charges 

against,  how 

ten  charges  shall  be  presented  against  the  said  superin-  determined, 
tendent  for  incapacity,  official  misconduct  or  other 
offense,  specifying  the  same,  the  board  of  education 
shall  cause  a copy  of  the  same  to  be  served  on  the  said 
superintendent  at  least  five  days  before  the  hearing  of 
the  same,  with  a notice  of  the  time  and  place  of  the 
hearing  thereof.  At  the  time  and  place  specified  in 


*As  amended  by  chap.  18  of  the  Laws  of  1889. 


134 


REVISED  CHARTER  OF 


Vote 

necessary  for 
removal. 


Salary  and 
duties  of  sup- 
erintendent. 


Record  of  pro- 
ceeding, &c. 


Vacancies, 
how  filled. 


said  notice,  the  said  board  of  education  shall  proceed  to 
hear  the  evidence  offered  and  determine  said  charges. 
If  the  said  charges  are  not  sustained,  the  said  board 
may  dismiss  the  same ; or,  if  sustained,  they  may  by 
resolution  remove  said  officer  and  declare  such  office 
vacant  and  proceed  to  fill  the  vacancy  as  hereafter 
specified.  No  person  shall  be  removed  unless  by  an 
affirmative  vote  to  be  taken  by  ayes  and  nays  of  two- 
thirds  of  all  the  members  elected  to  the  board  of  educa- 
tion. The  salary  of  such  superintendent  shall  be  fixed 
by  the  board  of  education  and  shall  not  be  subject  to 
change  during  the  continuance  of  said  term,  and  he 
shall  act  during  such  term  as  clerk  of  the  board.  The 
superintendent  shall  exercise  a general  supervision  over 
the  schools  of  the  city,  subject  always  to  the  direction 
of  the  board  of  education,  and  he  shall  perform  the 
duties  prescribed  by  law  and  such  other  duties  as  the 
board  may  from  time  to  time  direct.  He  shall  keep  a 
record  of  the  proceedings,  which  record,  or  a transcript 
thereof,  certified  by  the  president  or  superintendent, 
shall  be  received  in  all  courts  as  prima  facie  evidence 
of  the  facts  therein  stated.  Such  records  and  all  the 
accounts  and  books  of  said  board  shall  at  all  times  be 
subject  to  the  inspection  of  the  common  council  and  of 
any  committee  thereof.  Should  any  vacancy  occur  in 
the  office  of  superintendent  of  schools  at  any  time, 
either  by  reason  of  death,  resignation  or  removal  as 
above  stated,  such  vacancy  shall  be  filled  by  the  board 
of  education  for  the  balance  of  the  term  so  made  vacant. 


THE  CITY  OF  SYRACUSE. 


• 135 


§ 176.*  The  board  of  education  shall  annually  report  Annual 

' ^ report. 

to  the  common  council,  on  or  before  the  first  day  of 
April  after  the  charter  election,  a detailed  statement  of 
the  amount  estimated  by  them  to  be  necessary  to  be 
expended  by  said  board,  for  each  of  the  following  pur- 
poses for  the  current  year : 

1.  To  defray  the  expenses  of  teacher’s  wages.  Teachers 

wages. 

2.  To  procure  fuel  and  defray  the  necessary  expenses  Fuel  and 

^ ^ necessary 

of  keeping  the  school-houses  in  order,  exclusive  of 
repairs. 

3.  To  defray  the  expenses  of  janitor’s  service.  janitors. 

4. *  To  defray  the  expenses  of  the  .several  school  ^chooi^^ 
libraries. 


5.  To  defray  the  expenses  of  temporary  repairs,  up- Temporary 

repairs. 

on  school-houses. 


6.  To  defray  the  contingent  expenses  of  the  board.  Contingent 

° ^ ’ expenses. 

including  the  purchase  of  books,  apparatus  and  sup- 
plies. 

7.  The  amount  of  moneys  on  hand  and  the  amount  Moneys,  other 

than  from  city 

receivable  during  such  year  by  said  board  for  school  taxe.s. 
purposes,  other  than  from  city  taxes. 

§ 177.  Upon  the  reception  of  the  report,  in  the  last  Council  shall 

consider 

section  required  to  be  made,  the  common  council  shall  report, 
proceed  to  consider  the  .same  and  approve,  increase  or 
diminish  any  or  all  of  .said  estimates  ; but  they  shall 

*As  amended  by  chap.  531  of  the  Laws  of  1893. 


Council  to 
certify 
amount 
appropriated. 


Personal 
liability  of 
members. 


Powers  and 
duties. 


Safe  keeping 
of  properties, 
&c. 


Employ 

teachers. 


Purchase 
sites,  &c. 


136  • REVISED  CHARTER  OF 

not  diminish  the  aggregate  amount  so  that  the  sum  to 
be  raised  b)^  the  city  shall  be  less  than  twice,  nor  in- 
crease the  same  so  that  the  said  sum  shall  be  more  than 
five  times  the  amount  received  during  the  current  year 
from  the  State  for  school  purposes.  After  having  fixed 
the  amount  to  be  expended  for  each  and  all  of  the 
purposes  mentioned  in  the  last  preceding  section  the 
same  shall  be  certified  to  the  board  of  education,  who 
shall,  during  such  fiscal  year,  limit  the  expenses  for 
such  purposes  so  that  the  sums  shall  not  exceed  such 
appropriation,  and  not  lessen  the  length  of  time  that 
public  schools  are  required  to  be  kept  open  by  the  gen- 
eral statutes  of  this  State.  In  case  a greater  sum  shall 
be  expended  for  any  purpose  than  the  appropriation, 
the  city  shall  not  be  liable  for  the  same,  but  the  mem- 
bers of  the  board  of  education  voting  therefor,  or  either 
of  them,  shall  be  personally  liable  therefor  to  the  party 
entitled  to  payment. 

§ 178.  The  board  of  education  shall  have  power, 
and  it  shall  be  their  duty,  subject  to  the  provisions  of 
this  act : 

To  have  the  care  and  custody,  provide  for  the 
safe  keeping  of  school-houses,  their  out-houses,  books, 
furniture  and  appendages  in  said  city. 

2.  To  contract  with,  license  and  employ  all  teachers 
of  the  several  public  schools  therein. 

3.  To  contract  for  purchasing  sites  and  for  building, 


*As  amended  by  chap.  531  of  the  Laws  of  1893. 


THE  CITY  OF  SYRACUSE.  1 3/ 

enlarging  and  furnisliing  all  school-houses  authorized 
by  the  common  council,  and  to  superintend  the  same. 

4.  To  contract  for  the  temporary  repairing  of  all  Te^mp^^rary 
school-houses  and  for  all  repairs  and  improvements 
around  the  same. 

3.  To  audit  accounts  and  order  the  payment  of  the  Payment  of 
same  if  contracted  by  them,  for  either  of  the  purposes 
stated  in  section  one  hundred  and  seventy-six  of  this 
title.  , 

6. "^  To  make  all  selections  of  books  for  school  pur- of  ^books” 
poses  and  for  the  several  school  libraries  in  said  city. 

7.  To  divide  the  city  into  school  districts  in  such  Regulate 

.school 

manner  as  they  shall  deem  proper,  and  regulate  and  nn^be^'of"^ 
define  the  boundaries  and  the  number  of  teachers  for 
the  same. 

8.  To  supply  the  places  and  perform  the  duties  of  perform 

duties  of 

commissioners  of  common  schools,  and  in  respect  to  the  trustees  under 

^ general 

several  school  districts  in  the  city,  to  supply  the  place 
and  perform  the  several  duties  required  to  be  performed 
by  trustees  of  the  several  school  districts  in  this  vState 
by  the  general  statutes  relating  to  common  schools. 

§ 179.  At  such  time  as  the  superintendent  of  public  i^et^,j,ns  to  the 
instruction  shall  direct  returns  to  be  made  to  him  in  dent  of  p\?biic 

instruction. 

each  year,  said  board  shall  make  and  transmit  to  him  a 
report  in  writing,  containing  an  account  and  descrip- 
tion of  all  the  common  schools  kept  in  said  city  during 


*As  amended  by  chap.  531  of  the  Laws  of  1893. 


i3B 


REVISED  CHARTER  OF 


the  preceding  year  and  the  time  they  have  severally 
been  kept ; the  number  of  children  taught  in  said 
schools  respectively  ; the  number  of  children  over  the 
age  of  five  and  under  the  age  of  twenty-one  years  re- 
siding in  said  city  on  the  first  day  of  January  of  that 
year ; the  whole  amount  of  school  moneys  received  by 
the  treasurer  of  said  city  during  the  year  preceding, 
distinguishing  the  amount  received  from  different 
sources ; the  manner  in  which  said  moneys  have  been 
expended,  and  whether  any  and  what  part  remains  un- 
expended, and  for  what  cause  ; the  amount  of  moneys 
received  for  tuition  fees  from  foreign  pupils  during  the 
year,  and  the  amount  paid  for  teacher’s  wages  in  addi- 

Councii  may  to  the  public  moiieys.  They  shall  also  make  such 

further  Other  or  further  reports  as  may  be  required  by  the  coin- 

reports. 

mon  council  or  by  any  statute  of  the  State  now  or  here- 
after applicable  to  them. 


Tax  for  school  §i8o.  The  commoii  council  shall  have  the  power 
houses,  &c.  1 1 1 -1-1  • 1 ^ ^ 

and  it  shall  be  their  duty  to  raise  each  year,  by  tax 
upon  the  real  and  personal  estate  of  the  city  which 
shall  be  liable  to  taxation  for  ordinary  city  taxes,  or  for 
county  or  city  charges,  in  addition  to  the  amount  of 
school  moneys  now  or  hereafter  appropriated,  as  pro- 
vided by  law  for  common  schools  in  the  city,  such  sums 
as  may  be  determined  by  the  common  council  to  be 
necessary  or  proper  for  any  or  all  of  the  following 
purposes  : 


To  purchase,  lease  or  improve  sites  of  or  for 

*As  amended  by  chap.  368  of  the  Laws  of  1887  and  chap.  626 
of  the  Laws  of  1892 


THE  CITY  OF  SYRACUSE. 


139 


school-houses  and  to  build,  purchase,  lease,  enlarge, 
alter,  improve  or  repair  school-houses  and  their  out- 
houses and  appurtenances  ; but  the  amount  raised  in 
any  one  year  for  buying  sites  and  erecting  school- 
houses  and  appurtenances  shall  not  exceed  fifty  thous- 
and dollars. 

2.  To  purchase,  exchange,  improve  and  repair  school  school 

apparatus,. 

apparatus,  books,  furniture  and  appendages ; but  the  books,  etc. 
power  herein  granted,  shall  not  be  deemed  to  authorize 
the  furnishing  of  class  or  text  books  for  any  scholar 
whose  parents  or  guardian  shall  be  able  to  furnish  the 
same,  except  in  and  for  the  primary  departments. 

3. *  To  procure  fuel  and  defray  the  expenses  of  the  Fuel, 
common  .schools,  and  the  expen.ses  of  the  Central  City 
library  and  the  several  .school  libraries. 

4.  To  pay  the  wages  of  teachers  due  after  the  appli- Teachers 

wages. 

cation  of  the  public  money,  which  may  by  law  be 
appropriated  and  provided  for  that  purpo.se. 

§ 18 1.  The  common  council  shall  cause  the  amount  School  tax, 
of  the  tax  at  any  time  ordered  to  be  rai.sed,  in  pursu- 
ance of  this  act,  to  be  added  to  the  amount  which  is 
otherwise  authorized  by  law  to  be  raised  by  tax  in  said 
city,  and  the  common  council  shall  cause  the  .same, 
with  the  fees  thereon,  to  be  assessed,  levied  and  col- 
lected at  the  same  time,  and  by  proper  warrant,  and 
in  the  .same  manner  and  as  a part  of  the  taxes  raised 
annually  for  city  purpo.ses. 


*As  amended  by  chap.  531  of  the  Laws  of  1893. 


School 
moneys,  how 
deposited. 


How 

disbursed. 


To  be  kept 
separate. 


Not  to  be 
borrowed. 


School 

Commissioner 

district. 


140  REVISED  CHARTER  OF 

§ 182.  All  moneys  required  to  be  raised  by  virtue  of 
this  act,  which  the  board  of  education  is  authorized  to 
expend,  on  being  raised  as  therein  provided,  with  all 
other  moneys  received  from  any  source  for  school  pur- 
poses, shall  be  deposited  for  the  safe-keeping  thereof 
with  the  treasurer  of  the  city  to  the  credit  of  the  school 
funds,  and  shall  be  drawn  out  in  pursuance  of  resolu- 
tion or  resolutions  of  said  board,  by  warrants  drawn 
by  the  clerk  of  the  board,  and  countersigned  by  the 
president  thereof,  payable  to  the  order  of  the  person  or 
persons  entitled  to  receive  such  moneys ; and  the  treas- 
urer shall  keep  the  school  funds  authorized  by  this  act 
to  be  received  by  him  separate  and  distinct  from  any 
other  funds  which  he  is  or  may  by  law  be  authorized 
to  receive  ; nor  shall  any  of  the  moneys  belonging  to 
the  school  funds  be  paid  out  by  the  treasurer  except 
upon  such  warrant ; nor  shall  any  part  of  said  school 
funds  be  borrowed  from  said  funds  directly  or  indi- 
rectly by  the  city,  or  in  any  manner  transferred  to  any 
city  fund  ; but  the  same  shall  remain  in  the  treasury, 
to  be  drawn  therefrom  only  for  school  purposes  and  in 
the  manner  herein  provided. 

§ 183.  The  city  of  Syracuse  shall  be  taken  and 
deemed  a town  for  all  purposes  of  making  returns  in 
respect  to  common  schools,  and  for  receiving  moneys 
for  school  and  library  purposes  from  the  State  or  other 
sources  ; and  by  virtue  of  this  act,  it  is  hereby  declared 
to  be  a school  commissioner  district. 


THE  CITY  OF  SYRACUSE. 


I4I 


title  XII. 

FIRE  COMMISSIONERS  AND  FIRE  DEPARTMENT. 

§184.  The  fire  department  of  the  city  of  Syracuse  Paid  fire 

department. 

shall  be  a paid  department,  under  the  general  super- 
vision and  control  of  four  commissioners,  appointed  as 
hereinafter  provided. 

§ 185.  The  common  council  of  said  city  shall  have  Common 

council  has 

full  and  complete  jurisdiction  over  all  the  property 
connected  with  and  appertaining  to  the  fire  department,  r’l'opeity. 
now  owned  or  hereafter  owned  or  purchased  by  said 
city,  consisting  of  engine-houses,  fire  engines,  harness, 
horses,  hose,  hose  carriages,  trucks,  wngons,  hooks 
and  ladders,  fire  alarm  telegraph,  and  all  other  appa- 
ratus used  for  the  discovery  or  extinguishment  of  fires; 
and  all  purchases,  sales  or  expenses  connected  with  the 
extension  or  enlargement  of  the  real  property,  struc- 
tures and  apparatus  of  said  department  shall  be  under 
the  direction  and  control  of  said  common  council,  ex- 
cept as  hereinafter  provided. 

§ 1 86.  The  fire  commissioners  now  in  office  shall  lioard  of  fire 

commission- 

continue  to  hold  their  offices  to  the  end  of  the  term  for  ers,  how 

constituted. 

which  they  were  severally  appointed,  and  the  mayor  of 
said  city  .shall  have  authority  and  he  is  hereby  re([uired 
upon  the  expiration  of  the  terms  of  office  of  any  of  the 
present  commissioners  of  the  said  department  to  ap- 
point a citizen  of  said  city,  of  good  repute,  a commis- 
sioner for  said  department  for  the  term  of  four  years,  Term  of  office. 


142 


REVISED  CHARTER  OF 


who  shall  belong  to  the  same  political  party  as  the 
commissioner  whom  he  is  appointed  to  succeed ; and 
thereafter  the  said  mayor  shall  have  like  authority  and 
it  shall  be  his  duty  to  appoint  a like  citizen,  a com- 
missioner for  a like  term,  upon  the  expiration  of  the 
term  of  any  commissioner  hereafter  appointed. 


how^finS’  § 187.  If  any  vacancy  in  the  office  of  commissioner 
occurs  other  than  by  expiration  of  the  term  of  office  it 
shall  be  the  duty  of  said  mayor  to  appoint  a like  citizen, 
a commissioner,  to  serve  until  the  expiration  of  the 
term  of  the  commissioner  whose  place  he  is  appointed 
non-^part£an^^  to  fill,  and  of  the  Same  political  faith  as  such  preceding 
commissioner,  so  that  such  board  of  commissioners 
shall  remain  and  be  non-partisan.  The  said  commis- 
sioners  shall  serve  without  compensation.  The  mayor 
cause.  hereby  also  authorized  to  remove  from 

office  any  commissioner  of  said  department  for  an}^ 
cause  deemed  sufficient  to  himself ; but  he  shall  forth- 
with make  and  transmit  to  the  common  council  of  said 
city,  to  be  entered  upon  their  minutes,  a statement  in 
writing,  signed  by  himself  as  such  mayor,  of  his  reas- 
ons for  such  removal. 


Powers  and 
duties  of 
board. 


To  appoint 
clerk,  adopt 
rules,  etc. 


§ 188.  Said  commissioners  shall  constitute  aboard  of 
fire  commissioners,  who  shall  have  power  to  appoint  a 
clerk  and  to  make  all  needful  rules  and  regulations  for 
the  government  of  the  fire  department  and  its  officers 
and  members.  The  board  shall  have  authority  to  locate 
engine-houses,  hose  carts,  hook  and  ladder  carriages  and  . 
all  other  apparatus  belonging  to  the  fire  department. 


THE  CITY  OF  SYRACUSE. 


143 


and  to  change  such  location  whenever,  in  their  judg- 
ment, public  necessity  requires  such  changes. 


§ 189.*  The  board  shall  also  have  jurisdiction  over  jurisdiction 

of  board  over 

all  current  and  contingent  expenditures,  including  sal-  expenditures, 
aries  of  officers  and  members,  and  no  purchase  under 
this  authority  shall  be  made,  or  debts  contracted  with- 
out special  direction  and  authority  of  the  board  of  com- 
missioners, and  all  accounts  shall  be  audited  by  said 
board  ; and  all  salaries  of  officers  and  members  of  the  Salaries,  &c., 

how  paid. 

fire  department,  and  all  current  and  contingent  ex- 
penses shall  be  paid  by  the  treasurer  of  the  city  on  a 
warrant  of  the  board  ; all  warrants  of  said  board  must  warrants  to 

be  sij^ned  by 

be  authorized  by  a vote  of  the  board  and  signed  by  the 
president  and  clerk  thereof. 


§190.  The  fire  department  of  said  city  shall  consist  officers  of  fire 

department. 

of  one  chief  engineer  and  first  and  second  as.sistant  engi- 
neer ; one  superintendent  of  fire  alarm  telegraph,  to- 
gether with  such  foremen,  drivers,  hosemen,  pipemen 
and  helpers  as  may  be  necessary  for  the  proper  and  effi- 
cient management  of  the  engines  and  other  apparatus 
of  the  department,  provided  that  the  whole  number  of  dumber  of 

. • , 1 limited. 

men  connected  with  each  engine  shall  not  exceed  ten, 
and  provided  also  that  the  whole  number  of  men  con- 
nected with  each  hook  and  ladder  carriage  shall  not  ex- 
ceed ten. 

§ 1 91.  The  chief  engineer  and  as.sistant  engineer  and  chief  engineer 

. r 1 n 1 and  employees 

superintendent  of  the  fire  alarm  telegraph,  as  well  as  all  to  be  elected 
other  firemen  employed  in  the  fire  department,  shall  be 

*As  amended  by  chap.  531  of  Laws  of  1893. 


44 


REVISED  CHARTER  OF 


elected  by  a majority  vote  of  the  board  of  fire  commis- 

Term  of  office,  sioiiers,  and  hold  their  office  during  the  pleasure  of  said 
commissioners,  expressed  by  a majority  vote. 

Chief  engineer  § 102.  For  any  iieglect  of  duty  or  violation  of  the 

may  suspend 

subordinates,  ^nd  regulations  of  the  department,  the  chief 

engineer  shall  suspend  from  duty  any  subordinate 
until  the  same  can  be  reported  to  the  board  of  fire  com- 
missioners, with  the  cause  and  facts  on  which  sucli 
suspension  is  ordered. 


All  salaries 
fixed  by  the 
board  subject 
to  approval  of 
council. 


§ 193.  The  salaries  of  the*  clerk,  chief  engineer, 
assistant  engineers,  and  superintendent  of  the  fire 
alarm  telegraph,  and  all  other  persons  employed  by 


the  department,  shall  be  fixed  by  the  board  of  fire 


commissioners,  subject  to  approval  by  a majority  vote 
of  the  common  council,  and  such  salaries  shall  be  con- 


sidered a full  and  complete  compensation  for  their  ser- 
Members  must  vices  ; and  members  of  this  department,  either  as  com- 

not  solicit 

i^cef/e  panies  or  individuals,  are  forbidden  to  solicit  money 
donations.  fj-oni  citizeiis  for  balls,  assemblies  or  other  purposes,  or 
to  receive  donations  from  persons  whose  property  has 
been  destroyed  or  endangered  by  fire. 


Political  § 194*  The  right  of  every  member  of  the  fire  depart- 

rights  of  ....  ... 

m^embers  meiit  to  entertain  political  or  partisan  opinions,  and  to 
department  exprcss  the  Same  freely,  when  such  expression  shall 
not  concern  the  immediate  discharge  of  his  duties  as  a 
member  of  said  department,  and  the  right  of  elective 
Must  not  take  franchise  shall  be  inviolate  ; but  no  member  of  the 

part  in  any  1-111' 

political  fire  department  will  be  permitted  to  be  a delegate  or 

convention. 

representative  to,  or  member  of  any  political  or  parti- 


THE  CITY  OF  SYRACUSE. 


145 


sail  caucus  or  convention,  whose  purpose  is  the  nomi- 
nation of  any  candidate  or  candidates  to  any  political 
office.  He  shall  not  take  part  in  any  convention  held 
for  the  nomination  of  any  candidate  for  any  such  office. 

§195.  The  chief  engineers  and  assistant  engineers  Chief  and 

assistant 

associated  with  such  members  of  the  board  of  commis-  engineers  and 

commissioners 

sioners  as  are  present  at  fires  shall  take  and  have  the  af  '■ 

control  and  management  of  all  officers,  men  and  prop- 
erty, measures  and  actions  for  the  prevention  and  ex- 
tinguishment of  fires  within  the  limits  of  the  city  of 
Syracuse,  and  may  call  upon  the  chief  of  police  or  any  Mav  call  upon 

police  ?.  “ 

member  of  the  police  force,  to  assist  in  the  enforcement  department  i 

for  assistance. 

of  all  orders  for  the  government  of  the  department  or 
the  protection  of  property,  or  the  preservation  of  order. 

§196.  The  engines  or  apparatus  of  the  fire  depart- Apparatus  not 
ment  shall  not  be  used  for  competitive  trial,  nor  shall 
the  same  be  allowed  to  be  taken  beyond  the  boundaries 
of  the  city  of  Syracuse  unless  by  permission  of  the  ^lust  not  go 

out  of  city 

chief  engineer  and  mayor,  and  at  least  one  member  of 
the  board  of  fire  commissioners. 

§ 197.  The  engines,  hose  carriages,  officers,  men  and  Engines,  etc., 

to  have  right 

apparatus  of  the  fire  department  shall  have  the  right  of  of  way. 
way  while  going  to  and  at  any  fire,  and  any  person 
willfully  obstructing  the  firemen  in  the  performance  of 
their  duty  shall  be  deemed  guilty  of  a misdemeanor  and 
be  liable  to  punishment  for  such  offense. 


198.  The  chief  engineer  shall  make  a monthly  re- chief  engineer 

. . . , ~ . . to  report 

port  in  writing  to  the  fire  commissioners,  showing  the  monthly. 


46 


REVISED  CHARTER  OF 


Report  to  be 
communicated 
to  common 
coun 


actual  condition  of  the  property  of  the  department 
under  his  charge,  together  with  the  list  of  fires,  alarms, 
losses  and  insurance  on  all  property  destroyed  during 
the  month,  and  a particular  statement  of  the  causes  of 
such  fires,  so  far  as  known,  and  such  other  information 
as  he  may  deem  important  to  the  public  interest,  which 
report  shall  be  forthwith  communicated  to  the  common 
council. 


Fire  marshal 
appointment, 
etc.,  of. 


Building 

permits. 


Approval  of 
plans,  etc. 


§ 199.^  The  mayor  shall  appoint  a fire  marshal  who 
shall  hold  his  office  for  the  period  of  four  years.  He 
shall  be  a citizen  of  the  city  of  Syracuse,  practically 
qualified  for  the  office,  and  not  less  than  thirty-five 
years  of  age.  He  may  be  removed  for  cause  upon 
charges  duly  furnished  in  writing  by  the  mayor.  The 
.salary  of  the  fire  mar.shal  .shall  be  eighteen  hundred 
dollars  per  annum,  to  be  paid  monthly  out  of  the  con- 
tingent fund.  He  shall  keep  his  office  in  the  city  hall 
building,  and  his  office  hours  shall  be  from  nine  to  ten 
o’clock  in  the  forenoon,  and  from  four  to  five  o’clock 
in  the  afternoon.  It  shall  be  the  duty  of  the  fire  mar- 
shal to  receive  and  act  on  all  applications  for  permis- 
sion to  erect  buildings  and  structures,  or  to  make  re- 
pairs or  changes  in  existing  buildings  and  structures 
within  the  limits  of  Syracuse,  and  to  grant  or  withhold 
such  permission.  Sufficient  plans  and  .specifications  for 
all  buildings  and  structures  hereafter  to  be  erected 
within  the  limits  of  the  city  shall  be  submitted  to  him 
for  his  imspection  and  approval,  but  no  such  approval 


*As  amended  by  chap.  288  of  the  Laws  of  i8gi  and  chap  531 
of  Laws  of  1893. 


THE  CITY  OF  SYRACUSE.  T47 

shall  be  given,  unless  the  plans  and  specifications  for 
such  buildings  or  structures  shall  conform  to  the  build- 
ing laws  of  said  city.  It  shall  be  his  duty,  and  he  is  Entry  upon 

premises. 

hereby  empowered  to  enter  in  any  and  all  premises 
within  the  city  for  the  purpose  of  determining  whether 
such  work  is  being  done  according  to  the  building  laws 
of  said  city,  and  in  such  manner  as  to  insure  the  safety 
of  such  building  or  structure  and  surrounding  property. 

In  case  such  building  or  structure,  or  the  alterations  or  Powers  as  to 

changes  and 

repairs  thereto,  are  not  being  done  according  to 
building  laws,  nor  in  conformity  to  his  directions,  he 
shall  have  power,  and  he  is  hereby  authorized  and  em- 
powered to  require  such  change  and  alterations  to  be 
made,  as  shall  conform  to  said  laws  and  his  instruct- 
ions. He  shall  have  power,  and  it  is  his  duty,  and  he  is 
hereby  directed  to  enter  on  any  and  all  business  prem- 
ises within  the  limits  of  the  city,  to  ascertain  whether 
proper  precautions  are  taken  and  observed  and  main- 
tained against  fire,  and  his  duty  shall  be  to  make  such 
examinations  at  least  once  in  every  three  months,  and 
oftener  if  in  his  judgment  it  is  necessary,  and  at  any 
time  at  the  request  of  the  mayor,  the  chief  engineer  of 
the  fire  department,  or  the  secretary  of  the  board  of  un- 
derwriters, giving  the  location.  He  shall  have  author-  Examination 

of  prf;mi.ses  as 

ity  to  order  such  things  to  be  done  as  are  necessary  in 
his  judgment  to  insure  immunity  from  fire,  and  it  shall 
be  the  duty  of  the  owner  or  owners,  tenant  or  tenants 
of  said  premises,  and  each  and  all  of  them  to  obey  his 
orders  in  that  regard  after  notice  of  the  same  shall  have 
been  given  them  in  accordance  with  the  provisions  of 
this  act ; and  any  refUvSal  or  neglect  to  comply  with 


148 


REVISED  CHARTER  OF 


Duty  at  fires. 


Protection  and 
safety  of  pub- 
lic, powers 
as  to. 


Notice  to 
owners  of 
premises. 


Penalty  for 
failure  to 
comply  with 
directions. 


May  cause 
things  done. 


Powers  as  to 
unsafe  walls 
and  buildings, 


vSaid  orders,  after  such  notice  as  aforesaid,  shall  subject 
the  person  so  refusing,  or  neglecting,  to  the  penalties 
prescribed  in  sub-division  twenty-four  of  section  two 
hundred  and  two  of  said  act  as  amended  b}^  said  chapter 
two  hundred  and  eighty-eight  of  the  laws  of  eighteen 
hundred  and  ninety-one.  Whenever  a fire  occurs  in 
the  city  of  Syracuse  he  shall  be  present,  if  practicable, 
and  shall  co-operate  with  the  fire  department  in  their 
efforts  to  stay  the  conflagration  ; he  shall  have  author- 
ity to  enter  on  the  premises,  or  any  adjoining  premises 
and  make  such  observ^ations  and  examinations  as  he 
may  deem  for  the  public  interest  and  protection.  And 
when  in  his  judgment  anything  is  required  to  be  done 
on  or  about  said  premises  for  the  protection  and  safety 
of  the  public,  he  shall  have  power,  and  it  shall  be  his 
duty  to  notify  the  owners,  agents  or  other  party  having 
an  interest  in  said  premises  to  do  those  things,  so  in  his 
judgment  necessary  to  be  done  ; and  it  shall  be  the 
duty  of  said  owner  or  owners,  and  they  are  hereby  re- 
quired to  comply  with  his  directions  in  that  regard,  and 
for  the  failure  of  said  owner  or  owners  to  comply  with 
such  directions,  after  notice  as  aforesaid,  they  and  each 
of  them  shall  be  subject  to  the  penalties  prescribed  in 
subdivision  twenty-four  of  section  two  hundred  and 
two  of  said  act,  as  amended  by  chapter  two  hundred 
and  eighty-eight  of  the  laws  of  eighteen  hundred  and 
ninety  one,  and  the  fire  marshal  shall  have  authority 
to  cause  the  things  so  directed  by  him  to  be  done,  to  be 
done  at  the  expense  of  said  owner  or  owners  ; and  if  iir 
his  opinion  the  walls  of  the  building  on  said  premises, 
or  any  adjoining  building  are  dangerous  and  unsafe  by 


THE  CITY  OF  SYRACUSE. 


149 


. reason  of  said  fire,  or  any  other  cause,  or  anything  is 
required  to  be  done  in  or  about  said  premises  or  build- 
ings for  the  protection  and  safety  of  the  occupants  or 
the  public,  he  shall  have  the  power,  and  it  shall  be  his 
duty  to  cause  said  walls  or  buildings  to  be  rendered 
safe  or  torn  down  and  removed,  and  such  other  things 
to  be  done  in  or  about  said  premises  or  buildings,  as 
shall  in  his  opinion  be  necessary  for  the  safety  or  pro- 
tection of  the  public  ; and  to  that  end  he  shall  at  once  Notice  to 

owners,  etc. 

serve  on  the  owner,  agent  or  other  party  in  interest  in 
said  building  or  premises,  a notice  in  writing  specify- 
ing the  walls  or  buildings  required  by  him  to  be  ren- 
dered safe  or  taken  down  and  removed,  and  such  other 
things  as  shall  be  required  by  him  to  be  done,  and  such  Penalty  for 

failure  to 

owner,  agent  or  other  person  interested  shall  forthwith  comply  with 

requirements. 

comply  with  the  requirements  of  said  notice,  and  if 
such  owner,  agent  or  person  interested  shall  fail  or 
neglect  so  to  do  for  the  period  of  twenty-four  hours 
after  the  service  on  him  or  them  of  said  notice  they, 
and  each  of  them,  shall  be  subject  to  the  penalties  pre- 
scribed in  subdivision  twenty-four  of  section  two  hun- 
dred and  two  of  said  act,  as  amended  by  chapter  two 
hundred  and  eighty-eight  of  the  laws  of  eighteen  hun- 
dred and  ninety-one.  And  said  fire  marshal  may  em-  h:  mployment 

of  labor,  etc., 

ploy  labor,  procure  materials  and  take  such  other  .steps 

^ ^ X requirements. 

as  may  be  necessary  to  carry  out  the  requirements  of 
said  notice  at  the  expense  of  such  owner  or  person 
interested. 

Must  inquire 

§ 200.*  It  shall  be  the  duty  of  the  fire  marshal  in 


*As  amended  by  chap.  288  of  Laws  of  1891. 


150 


REVISED  CHARTER  OF 


every  case  to  inquire  into  the  origin  of  any  fire,  and  in 
case  he  believes  it  to  be  of  incendiary  origin  he  shall 
proceed  to  investigate  the  same  in  the  manner  pre- 
scribed by  the  statutes  of  this  state  for  investigating 
the  cause  of  fire,  and  he  shall  possess  all  the  powers 
and  perform  all  the  duties  as  provided  in  said  statute. 

Penalty  for  Kvery  persou  who  shall  hinder,  obstruct,  or  resist  the 

hindrance  or 

obstruction,  building  inspector  and  fire  marshal  in  the  discharge  of 
his  duty  as  imposed  by  these  ordinances  shall  pay  a 
penalty  of  not  less  than  fifty  dollars  nor  more  than  two 
hundred  dollars,  to  be  collected  by  the  corporation 

To  keep  books  counsel  for  each  and  every  offense.  The  fire  marshal 

of  record. 

shall  keep  a record  book  or  books,  wherein  he  shall 
enter  the  substance  of  all  orders  issued  by  him,  all 
complaints  made  to  him  in  matters  within  his  cogniz- 
ance, and  all  inspections  and  examinations  made  by 

Must  make  him.  He  sliall  make  a miiiute  and  thorough  report  to 

quarterly  and  ^ ^ 

to  councfk  common  council  quarterly  and  a yearly  report  at 

the  end  of  each  fiscal  year  of  his  office.  All  complaints 
for  violations  of  the  provisions  of  the  ordinances  in 
regard  to  the  building  laws,  or  the  violation  of  the 
ordinances  regarding  the  duty  of  the  fire  marshal  shall 
be  referred  to  the  corporation  counsel. 

§ 201.  The  fire  alarm  telepraph  of  the  city  of  Syra- 
cuse shall  also  be  under  the  control  and  direction  of 
the  board  of  fire  commissioners,  and  they  may,  in  con- 
junction with  the  superintendent  of  the  telegraph, 
make  such  resolutions  for  the  government  and  manage- 
ment of  that  department  as  in  their  judgment  is  con- 


Complaints 
I'eferred  to 
corporation 
counsel. 


Fire  alarm 
telegraph. 


THE  CITY  OF  SYRACUSE.  151 

ducive  to  the  public  interest,  and  will  make  it  an  effi- 
cient and  valuable  auxiliary  to  the  fire  department. 

§202.*  The  city  of  Syracuse  is  divided  into  two  Building 

districts. 

building  districts,  first  and  second  district. 

I.  The  first  building  district  shall  be  all  that  part  of  First  district 
said  city  lying  within  the  following  lines,  namely : Be- 
ginning at  the  intersection  of  the  foot  of  West  Adams 
street  and  Onondaga  creek,  along  West  Adams  and  East 
Adams  to  Montgomery  street,  along  Montgomery  street 
to  Cedar  street,  along  Cedar  to  Mulberry  street,  along 
Mulberry  street  to  Lock  street,  along  Lock  street  to 
Laurel  street,  thence  northeasterly  along  Union  street  to 
Butternut  street,  thence  northeasterl}'  along  Butternut 
street  to  Townsend  street,  thence  northeasterly  along 
Townsend  to  Isabella  street,  thence  southwesterly 
along  Isabella  street  to  Lock  street,  thence  southeast- 
erly along  Lock  street  to  Salt  street,  thence  southerly 
along  Salt  street  to  Laurel  street,  thence  southwesterly 
along  Laurel  street  and  its  south  line  projected  to 
Onondaga  creek,  thence  westerly  along  Genesee  street 
to  West  street,  thence  southerly  along  West  street  to 
Tracy  street,  thence  southwesterly  along  Tracy  street 
to  a point  opposite  the  center  of  Wyoming  street, 
thence  .southerly  to  and  along  Wyoming  street  to 
Otisco  street,  thence  easterly  along  Otisco  street  to 
West  street,  thence  northerly  along  West  street  to 
Jefferson  street,  thence  easterly  along  Jefferson  street 
to  the  Onondaga  creek,  thence  southerly  along  said 
creek  to  West  Adams  street,  the  place  of  beginning. 

*As  amended  by  chap  288  of  the  Laws  of  1891. 


district. 


External  wall. 


Party  wall. 


Foundation 

wall. 


Partition  wall. 

Tenement 

house. 


Lodging 

house. 


Alterations 
and  additions. 


152  REVISED  CHARTER  OF 

2.  The  second  building  district  is  all  that  portion  of 
the  city  not  comprised  in  the  first  building  district. 

3.  In  the  construction  of  this  act,  if  not  inconsistent 
with  the  context,  the  following  terms  shall  have  their 
respective  meanings  herein  assigned  to  them,  namely  : 

‘ ‘ External  wall  ’ ’ shall  apply  to  every  outer  wall  or 
vertical  inclosure  of  a building,  other  than  a party  wall. 
“Party  wall  ’’  shall  apply  to  ever}^  wall  used,  or  built, 
intended  as  a separation  of  any  building,  from  any  other 
building,  to  be  occupied  by  any  other  persons.  “ Foun- 
dation wall  ’ ’ shall  mean  that  portion  of  external  walls 
below  the  level  of  the  street  curb,  and  for  walls  not  on 
any  street,  that  portion  of  the  wall  below  the  level  of  the 
ground  outside  of  the  wall.  “Partition  wall’  ’ shall  mean 
any  interior  wall  of  masonry  in  a building.  A “tene- 
ment-house ’ ’ shall  mean  and  include  every  house, 
building  or  portion  thereof,  which  is  intended  to  be 
occupied  or  is  occupied  as  the  residence  of  more  than 
three  families  living  independently  of  one  another,  and 
doing  their  cooking  upon  the  premises,  or  by  more 
than  two  families  upon  a floor,  so  living  and  cooking, 
but  having  a common  right  in  the  halls,  stairways, 
yards,  water  closets  or  privies,  or  some  of  them.  A 
“lodging-house  ’’  shall  mean  and  include  any  house  or 
building,  or  portion  thereof,  in  which  persons  are 
lodged  for  hire  fora  single  night,  or  for  less  than  a week 
at  one  time. 

4.  Any  alteration  in  or  addition  to  a building  already  ^ 
erected  or  hereafter  to  be  built,  except  necessary  re- 
pairs not  affecting  the  construction  of  the  external  or 


THE  CITY  OF  SYRACUSE. 


153 


party  walls,  chimneys  or  stairways,  shall,  to  the  ex- 
tent of  such  work,  be  subject  to  the  regulations  of  this 
act.  No  building  already  erected  or  hereafter  built, 
shall  be  raised  or  built  upon  in  such  manner  that  were  thiTlcc  ° 
such  building  wholly  built  or  constructed  after  the 
passage  of  this  act,  it  would  be  in  violation  of  any  pro- 
vision thereof. 

5.  Every  person  intending  to  build  or  make 

alteration  in  the  external  walls  or  structure  shall,  be-  must  bf  gfven 
fore  he  proceeds  to  build  the  same,  or  lay  the  founda- 
tion  thereof,  or  to  make  the  said  alteration,  give  notice 
in  writing  of  such  intention  and  of  the  proposed  loca- 
tion to  the  fire  marshal  at  least  ten  days  before  doing 
any  act  for  carrying  such  intention  into  execution. 

6.  Any  excavation  upon  a lot,  adjoining  a street,  Excavations 

must  be 

shall  be  properly  guarded  and  protected  by  the  person  Kiiarded. 
having  charge  of  such  excavation,  so  as  not  to  become 
dangerous  to  public  travel.  Whenever  any  excavation  i^xcavation 
shall  be  commenced  upon  a lot  of  land,  and  there  shall  wall. ^ 
be  a party  or  other  wall  standing  upon  or  near  the 
boundary  line  of  said  lot,  if  the  person  whose  duty  it 
shall  be  to  preserve  and  protect  said  wall  from  injury, 
shall  neglect  or  fail  to  do  so,  for  twenty-four  hours  after  Notice  of— 
notice  in  writing  from  the  inspector  of  buildings  and 
fire  marshal  left  at  the  usual  re.sidence  or  place  of  busi- 
ness of  such  person,  said  inspector  may  enter  upon  the  May  make 

. safe  a party 

premises,  and  employ  such  labor,  obtain  such  materials,  wall, 
and  take  such  other  steps  as  may  be  necessary  to  make 
the  same  safe  and  to  prevent  the  same  from  becoming 
unsafe,  at  the  expense  of  the  person  owning  said  wall  how^papi!^^’ 


154 


REVISED  CHARTER  OF 


or  building ; and  such  inspector  shall  draw  upon  the 
contingent  fund,  to  be  paid  by  the  city  treasurer,  for 
such  necessary  amount,  and  file  with  him  the  proper 
vouchers  thereof  and  such  amount  shall  be  levied  and 
assessed  upon  the  property  involved  and  shall  be  col- 
lected in  the  same  manner  and  at  the  same  time  as 
other  city  taxes. 


Tnclosure  of 
sites. 


Shall 
construct 
sidewalks 
around — 


Scaffolding  in 
streets. 


Material,  &c., 
in  streets. 


7.  Whenever  an^^  person  shall  be  about  to  erect  or 
alter  the  exterior  walls  of  a building,  within  five  feet  of 
the  line  of  a traveled  street,  said  person  shall  cause  the 
portion  of  the  site  of  said  building  bordering  upon  said 
street,  to  be  inclosed  by  a proper  fence  not  less  than  four 
feet  high,  and  at  least  seven  feet  from  the  line  of  said 
building,  and  if  such  fence  shall  prevent  passage  on  the 
sidewalk,  shall  lay  and  maintain  a plank  walk  around 
the  same  , not  less  than  thirty  inches  wide,  and  said 
fence  shall  be  made  as  much  higher  and  the  walk  as 
much  wider  as  the  inspector  of  buildings  and  fire  mar- 
shal shall  direct,  and  the  same  shall  be  maintained  until 
all  liability  to  accident  from  falling  materials  shall  be 
terminated.  No  person  shall  erect,  or  continue  when 
erected,  any  scaffolding  in  any  highway,  for  the  pur- 
pose of  repairing  or  erecting  a building  without  first 
obtaining  permission  from  the  inspector  of  buildings 
and  fire  marshal,  and  all  such  scaffolding  shall  be  so 
erected  and  secured  as  to  be  safe  and  sufficient  for  the 
purpose  for  which  it  was  erected.  In  erecting  any 
building,  no  person  shall  place,  deposit,  or  suffer  to  re- 
main in  aii}^  street  or  highway,  any  lumber  or  any 
other  building  material,  rubbish,  or  remains  of  any  old 


THE  CITY  OF  SYRACUSE. 


155 


building,  for  a longer  period  than  may  be  necessary 
for  the  prosecution  of  the  work  which  may  be  going  on. 

All  rubbish  from  the  erecting  or  repairing  of  any  build-  Rubbish  to  be 

removed  as 

ing,  or  the  removal  of  an  old  building,  shall  be  carried  fiJ-g^SSshai 
away  by  the  person  so  erecting  or  repairing  such  build- 
ing at  such  time  as  the  inspector  of  buildings  and  fire 
marshal  may  direct,  and  in  case  of  neglect  or  refusal  to 
do  so,  it  shall  be  removed  by  the  inspector  of  buildings 
and  fire  marshal  at  the  expense  of  the  person  so  erect- 
ing or  repairing  such  building.  Any  person  violating 
any  provision  of  this  section  shall  pay  a fine  of  five 
dollars. 

8.  Every  permanent  building  shall  have  foundations  r-)epth  of 

foundations. 

not  less  than  four  feet  below  the  surface  exposed  to 
frost,  resting  upon  the  solid  ground  or  upon  concrete, 
piles  or  other  solid  substructure.  The  thickness  ofYhickness 

ot  walls. 

every  wall,  as  hereinafter  prescribed,  shall  be  the  mini- 
mum thickness  as  applied  to  solid  walls.  The  height  Height  of 

^ walls. 

of  every  external  or  party  wall,  as  referred  to  in  this 
act,  or  in  any  act  in  amendment  thereof,  shall  be  meas- 
ured from  the  level  of  the  finish  grade  to  its  highest 
point. 

9.  For  dwelling  houses  with  walls  not  exceeding  waiis  of 

dwelling: 

thirty-five  feet  in  height,  foundation  walls  laid  with  houses, 
stone  in  cement  mortar,  shall  be  not  less  than  sixteen 
inches  thick,  and  external  and  party  walls  of  brick  shall 
be  not  less  than  twelve  inches  thick  for  the  entire 
height.  For  dwelling-houses  with  walls  exceeding 
thirty-five  and  not  exceeding  fifty-five  feet  in  height, 
foundation  walls  laid  with  stone  in  cement  mortar, 


Walls  of 
buildings 
other  than 
dwelling 
houses. 


156  REVISED  CHARTER  OF 

shall  be  not  less  than  twenty-one  inches  thick,  and  laid 
in  cement.  External  brick  walls  shall  not  be  less  than 
sixteen  inches  thick  to  the  second  floor,  and  twelve 
inches  above,  and  brick  party  walls  not  less  than  twelve 
inches  thick  to  the  top  of  the  upper  floor,  and  not  less 
than  eight  inches  thick  for  the  remaining  height.  For 
dwelling-houses  with  walls  exceeding  fift3"-five  feet  in 
height,  foundation  walls  laid  with  stone  in  cement 
mortar,  shall  not  be  less  than  twenty  four  inches  thick. 
External  brick  walls  shall  not  be  less  than  sixteen 
inches  thick  to  the  top  of  the  second  floor,  and  twelve 
inches  above,  and  brick  party  walls  not  less  than  twelve 
inches  thick  to  the  top  of  the  upper  floor,  and  not  less 
than  eight  inches  thick  for  the  remaining  height. 
Dwellings  with  walls  not  more  than  twenty-five  feet 
in  height  may  be  built  eight  inches  thick. 

10.  Buildings  other  than  dwelling-houses  shall  have 
walls  of  the  following  thickness : For  buildings  in 
which  the  walls  do  not  exceed  fifty  feet  in  height, 
foundation  walls  shall  be  laid  of  stone  in  cement  mor- 
tar, not  less  than  twenty-four  inches  thick.  External 
walls  shall  not  be  less  than  sixteen  inches  thick  to  the 
top  of  the  first  story,  and  not  less  than  twelve  inches 
thick  for  the  remaining  height.  For  buildings  in 
which  the  walls  exceed  fifty  feet  in  height,  foundation 
walls  shall  be  laid  of  stone  in  cement  mortar,  not  less 
than  twenty-eight  inches  thick.  For  buildings,  ex- 
ceeding fifty  feet  and  not  exceeding  seventy  feet  in 
height,  the  external  walls  shall  not  be  less  than  twenty 
inches  thick  to  the  top  of  the  first  story,  not  less  than 


THE  CITY  OF  SYRACUSE. 


157 


sixteen  inches  thick  to  the  top  of  the  second  story,  and 
not  less  than  twelve  inches  thick  for  the  remaining 
height.  For  buildings  exceeding  sevent}^  feet  in 
height,  the  external  walls  of  the  two  lower  stories 
shall  not  be  less  than  twenty-four  inches,  the  next 
story  above  not  less  than  twenty  inches,  thence  not  less 
than  sixteen  inches  to  the  top  of  the  fifth  story,  and 
not  less  than  twelve  inches  for  the  remaining  height. 
Party  walls  in  such  buildings  shall  not  be  less  than 
twenty  inches  thick  to  the  top  of  the  second  floor  above 
the  street,  and  not  less  than  sixteen  inches  thick  to  the 
under  side  of  the  roof  boards,  and  not  less  than  twelve 
inches  thick  for  the  remaining  height.  In  all  build- 
ings over  twenty-five  feet  in  width,  not  having  either 
brick  partition  walls,  or  girders  supported  by  columns 
running  lengthwise  of  the  building,  the  external  walls 
shall  be  increased  four  inches  in  thickness  for  every 
additional  twenty-five  feet  in  width  of  said  building. 
The  amount  of  materials  above  specified  for  external 
walls  may  be  used  either  in  piers  or  buttresses,  pro- 
vided the  external  walls  between  said  piers  or  buttres- 
ses .shall  be  in  no  case  less  than  twelve  inches  thick. 
If  adjoining  owners,  instead  of  a party  wall,  .shall  each 
at  the  same  time  erect  a wall  on  his  own  land,  such 
walls  may  be  twelve  inches  each  in  thickness,  to  such 
height  as  they  .shall  be  contiguous.  When  the  floor 
joists  of  any  building  re.st  on  brick  corbeling,  or  on 
iron  bearers,  and  are  not  built  into  the  wall,  the  walls 
may  be  four  inches  thinner  than  required  above,  pro- 
vided that  such  corbeling  be  not  le.ss  than  six  courses 
in  height,  and  be  well  bonded  into  the  wall,  and  that 


Increase  or 
diminution  of 
thickness  in 
certain  cases. 


REVISED  CHARTER  OF 


158 


External  walls  no  such  Wall  be  less  than  twelve  inches  thick.  The 

of  stables  an-d 

■workshops,  external  walls  of  stables,  or  workshops  for  light  work 
shall  be  at  least  twelve  inches  thick,  provided  that  no 
such  building  shall  be  over  thirty  feet  high,  nor  cover 
more  than  three  thousand  square  feet,  and  that  said 

Hollow  walls,  walls  be  not  less  than  twelve  inches  thick.  Hollow 
walls  may  be  built,  but  all  such  walls  shall  be  tied 
together  with  incombustible  anchors  placed  not  more 
than  three  feet  apart.  If  used  as  bearing  walls,  the 
thickness  shall  be  reckoned  by  their  solid  parts,  unless 
either  part  is  at  least  eight  inches  thick  and  solid  verti- 
cal connections  are  made  not  less  than  twelve  inches 
wide  nor  more  than  eight  feet  apart  from  centers,  in 
which  case  two-thirds  of  the  hollow  space  shall  be 
counted  with  the  solid  parts.  In  no  case  shall  the  ends 
of  joists  or  other  woodwork  be  allowed  to  come  within 

Hall  partitions  four  iiiclies  of  the  liollow  Space.  In  any  building 

in  tenement 

houses.  hereafter  to  be  erected,  to  be  occupied  as  a tenement  or 
lodging-house,  in  which  the  lower  part  is  to  be  used 
for  business  or  manufacturing  purposes,  or  which  is 
intended  to  be  occupied  by  more  than  four  families,  the 
hall  partitions  from  the  cellar  to  the  second  floor  shall 

Wooden  be  built  of  non-conducting  incombustible  material.  No 

supports  and  _ , . 

use  of  timber,  rear,  froiit,  division  or  party  wall  of  brick  or  stone 
shall  be  built  upon  or  supported  by  any  wooden  gird- 
ers, rafters  or  lintels,  or  other  wooden  supports,  but 
upon  iron,  brick  or  stone  of  sufficient  strength.  No 
timber  shall  be  used  in  any  wall  or  building,  except 

Anchors.  arclied  forms  for  interior  arched  openings.  The  side 
end  and  party  walls  shall  be  anchored  at  each  tier  of 
beams,  at  intervals  of  not  more  than  ten  feet  apart, 


THE  CITY  OF  SYRACUSE. 


159 


with  good,  strong  wrought-iron  anchors,  and  fastened 

to  the  beams.  Party  walls  shall  be  coped  with  non-  Party  walls, 

coping  of,  etc. 

combustible  material  securely  fastened,  or  with  wood 
if  covered  with  tin  or  other  metal ; and  where  there  is 
a flat,  hip  or  pitch  roof,  shall  be  carried  up  to  a height 
of  not  less  than  two  feet  above  the  roof  covering,  at 
every  part  of  said  roof ; and  where  the  roof  is  of  any 
style  excepting  as  above  specified,  unless  the  same  is 
constructed  of  fireproof  materials  throughout,  the  party 
walls  shall  be  carried  up  to  a height  of  not  less  than 
two  feet  above  the  flat  or  upper  slope  of  said  roof. 

The  ends  of  party  walls  shall  be  corbeled  out  at  least  Ends  thereof 

to  be  corbeled. 

twelve  inches,  or  to  the  outer  edge  of  all  cornices  or 
projections  on  the  front  or  rear  walls,  provided,  that  if 
a gutter-stone  of  suitable  dimensions  and  properly  bal- 
anced shall  be  iiivSerted  it  shall  be  equivalent  to  corbel- 
ing, and  no  continuous  vertical  recess  of  more  than  Recess  therein 
four  inches  in  depth  shall  be  made  in  any  twelve-inch 
party  wall,  and  no  recess  of  any  kind  shall  be  made  in 
an  eight-inch  party  wall. 

1 1.  Insolated  brick  piers  shall  be  built  of  good,  hard.  Brick  piers 

and  columns. 

well-burnt  brick  and  under  all  lintels,  girders,  iron  and 
other  columns,  .shall  have  a stone  template,  a cap  stone 
at  least  eight  inches  thick,  the  full  .size  of  the  pier. 

Columns  supported  by  brick  walls  or  piers  shall  rest 
upon  an  iron  plate  at  least  one  inch  thick,  or  upon  a 
cap  stone,  at  least  eight  inches  thick,  of  a size  satisfac- 
tory to  the  fire  manshal.  Under  iron  columns  shall  in 
all  cases  be  an  iron  plate  of  not  less  than  one  inch  in 
thickness.  Every  brick  pier  shall  have  one  or  more 


Floor  beams 
and  rafters. 


Templates 
under  iron 
girders. 


Flat  roofs  and 
floors,  how- 
constructed. 


160  REVISED  CHARTER  OF 

binders  built  therein  of  stone,  not  less  than  seven  inches 
thick  ; these  binders  shall  be  full  size  of  the  pier.  The 
distance  between  any  two  binders  or  between  either  of 
them  and  the  capstone  or  base  of  the  pier  shall  not  ex- 
ceed four  feet. 

12.  Floor  beams  shall  have  a bearing  of  at  least  four 
inches  at  each  end.  Every  trimmer  or  header  more 
than  four  feet  long  used  in  an}^  building  except  a 
dwelling,  shall  be  hung  of  stirrup  irons,  of  suitable 
thickness  for  the  weight  to  be  supported.  The  butts 
or  ends  of  all  floor  beams  and  rafters  entering  a brick 
wall  shall  be  cut  on  a splay  of  three  inches  in  their 
width.  All  main  partitions  supporting  in  any  manner 
the  floor  beams  or  rafters  shall  be  placed  directly  over 
each  other,  and  shall  rest  on  a wall,  girder  or  hardwood 
capping,  and  shall  head  and  foot  against  each  other  as 
far  as  practicable.  Roof  or  floor  timbers  entering  the 
same  party  wall  from  opposite  sides,  shall  have  at  least 
four  inches  solid  brickwork  between  the  ends  of  said 
timber.  Under  the  ends  of  iron  girders  resting  in 
walls,  a stone  template  shall  be  built  into  the  wall  not 
le.ss  in  width  than  four  inches  less  than  the  thickness  of 
said  walls,  and  not  in  any  case  less  than  four  inches 
in  thickness,  and  eighteen  inches  long.  Iron  wall 
plates  may  used  in  place  of  such  templates,  not  less 
than  one  inch  in  thickness. 

13.  Flat  roofs  shall  be  constructed  to  bear  a safe 
weight,  exclusive  of  materials,  of  not  less  than  fifty 
pounds  per  superficial  foot.  Floors  (except  attic  floors) 
shall  be  constructed  to  bear  a .safe  weight,  per  superficial 


THE  CITY  OF  SYRACUSE. 


l6l 


foot,  exclusive  of  materials,  as  follows ; For  dwelling- 
houses,  tenement-houses,  apartment-houses,  hotels, 
boarding-houses  and  stables,  not  less  than  seventy 
pounds  ; ordinary  school- room  and  rooms  for  light  me- 
chanical purposes,  not  less  than  one  hundred  pounds ; 
theatres,  public  halls,  churches  and  all  rooms  liable  to 
be  crowded  with  people,  not  less  than  one  hundred  and 
tw^enty-five  pounds;  stores,  factories,  mills  and  busi- 
ness buildings,  not  less  than  one  hundred  and  fifty 
pounds ; storehouses,  warehouses,  machine  shops,  arm- 
ories and  drill-rooms,  not  less  than  two  hundred  and 
fifty  pounds.  No  floor  .shall  be  loaded  with  a greater 
weight  than  that  above  assigned  to  its  class,  unle.ss  it 
shall  have  been  previously  examined  by  a competent 
architect,  civil  engineer,  or  master  builder  not  inter- 
ested in  the  construction  of  the  building,  who  shall  give 
a certificate  of  the  weight  per  square  foot  such  floor  can 
.safely  sustain,  a ’copy  of  which  certificate  .shall  be 
posted  in  a conspicuous  place  above  or  adjacent  to  such 
floor,  and  the  weight  therein  named  shall  in  no  case  be 
exceeded.  No  penson  shall  load  any  floor  to  a greater 
degree  than  the  above  named,  or  shall  remove  any  cer- 
tificate posted  as  above. 

14.  No  roof  within  the  first  building  district  shall  be  Roofs  in  first 
built  more  than  twenty  feet  in  height  from  the  top 
street  wall,  nor  .so  as  to  make  the  total  height  of  the 
building  over  fifty-five  feet,  except  it  be  constructed  of 
non-combustible  material,  unle.ss  its  pitch  is  at  a le.s.s 
angle  with  the  horizon  than  ten  degrees ; and  all  the 
exterior  parts  of  any  building  hereafter  erected,  which 


11 


62 


REVISED  CHARTER  OF 


Cornices. 


Roof 

projections. 


Scuttles  and 
ladders. 


Skylights. 


are  more  than  forty  feet  above  the  level  of  the  finished 
grade,  shall  be  made  of  or  covered  with  non-combusti- 
ble material  Incombustible  cornices  shall  be  well 
secured  to  the  walls  ; and  in  all  cases  the  walls  shall 
be  carried  up  to  the  planking  of  the  roof  behind  the 
cornice,  and  where  the  cornice  projects  above  the  roof 
the  wall  shall  be  carried  up  to  the  top  of  the  cornice, 
and  all  exterior  wooden  cornices,  on  brick,  stone  or  iron 
buildings  that  shall  hereafter  require  to  be  replaced, 
shall  be  constructed  of  some  non-combustible  material, 
as  required  for  new  buildings;  and  every  exterior 
wooden  cornice  or  gutter  on  brick,  stone  or  iron  build- 
ings that  may  hereafter  be  damaged  by  fire  to  a greater 
extent  than  one-half  of  the  whole  thereof  shall  be  taken 
down,  and  if  replaced  shall  be  constructed  in  accord- 
ance with  the  provisions  of  this  act.  Structures  or  pro- 
jections above  or  outside  of  the  roof  of  buildings  over 
sixty  feet  high  shall  be  made,  constructed,  framed  and 
covered  with  incombustible  material.  Buildings  shall 
have  scuttles  not  less  in  size  than  two  by  three  feet,  or 
bulkheads  and  doors  on  the  roof,  and  shall  have  sta- 
tionary ladders  or  stairs  leading  to  the  same,  and  such 
scuttles  and  ladders  shall  be  kept  so  as  to  be  ready  for 
use  at  all  times.  The  skylights  of  all  brick  or  stone 
buildings  shall  have  the  frames  and  sash  made  of  or 
covered  with  metal ; and  shall  be  glazed  with  glass  not 
less  than  one-quarter  of  an  inch  thick. 


Chimneys  and  15*  Chimneys  shall  be  built  of  well-burned  brick, 
stone  or  iron.  Brick  flues  shall  have  joints  filled  and 
struck.  Iron  pipe  if  used  must  be  inclosed  in  a brick 


Till-;  CITY  OF  SYRACUSE. 


163 


flue,  or  in  an  outer  pipe  of  non-combustible  material, 
with  a space  between  of  not  less  than  one  inch,  and  all 
joints  in  such  pipes  must  be  thoroughly  filled  with  fire 
clay  or  incombustible  cement ; brick  chimneys  must 
have  outer  brick  walls  at  least  four  inches  thick.  Out- 
side walls  of  flues  not  over  one  hundred  inches  in  area 
for  ranges,  furnaces,  boilers  and  ovens,  shall  be  of  at 
least  six  inches,  if  of  greater  area,  of  at  least  eight 
inches  thickness  of  brickwork.  Brick  flues,  not  start- 
ing from  the  foundation  walls,  shall  be  securely  built 
into  the  brickwork  of  the  walls  to  which  they  are  hung. 

In  no  case  shall  chimneys  rest  upon  any  flooring.  The 
brickwork  of  an  isolated  chimney  shall  not  be  carried 
over  more  than  three-quarters  of  an  inch  to  each  course  of 
brick,  not*  so  far  as  to  throw  the  center  of  gravity  of  said 
chimney  outside  of  the  base  thereof.  Flues  shall  be 

topped  out  at  least  three  feet  above  the  roof.  Hearths  of  Hearths,  fire- 
places, etc. 

fire-places  or  grates  shall  be  laid  upon  incombustible  sup- 
ports. Wooden  centering,  supporting  a trimmer  arch, 
shall  be  removed  before  plastering  underneath.  Brick- 
work back  of  all  grates,  fire-places  and  ranges  shall  be 
not  less  than  eight-inches  thick  ; and  when  it  adjoins  a 
wooden  or  stud  partition,  shall  have  at  least  two  four- 
inch  walls  with  at  least  a two-inch  air  space  between. 

No  floor  timber  shall  be  secured  to  the  brickwork  of 
any  flue.  Smokepipes  in  buildings  having  combustible  smoke  pipes, 
floors  or  ceilings,  shall  enter  flues  at  least  twelve  inches 
from  floors  or  ceilings ; and  where  they  pass  through 
stud  or  wooden  partitions,  whether  plastered  or  not, 
shall  be  guarded  by  a double  collar  of  metal,  with  at 
*So  in  the  original. 


164 


REVISED  CHARTER  OF 


Furnaces  and 
Registers. 


Wood  work, 
protection  of. 


least  a four-inch  air  space  and  holes  for  ventilation,  or 
by  a soapstone  ring  at  least  four-inches  in  thickness, 
extending  through  the  partition  ; metal  funnels  carried 
through  furring  or  studding,  shall  be  filled  around  with 
brick  or  stone,  for  at  least  six  inches  out  from  the  pipe. 
The  smoke-pipe  of  any  hot  air,  steam,  hot  water  or 
other  furnace,  passing  beneath  wooden  beams  or  ceil- 
ings, the  woodwork  shall  be  protected  by  a suitable  tin 
shield.  Tops  of  furnaces  set  in  brick  shall  be  covered 
with  brick  so  as  to  be  perfectly  tight,  and  the  tops  of 
portable  furnaces  shall  be  at  least  one  foot  below  any 
wooden  beams  or  ceilings.  Registers  connected  with 
hot  air  furnaces  shall  be  set  in  non-conducting  incom- 
bustible borders  at  least  two  inches  wide.  Register 
boxes  shall  be  made  of  tin  plate  with  a flange  on  the 
top  to  fit  a groove  in  the  border.  There  shall  also  be 
an  open  space  of  not  less  than  one  inch  on  all  sides  of 
the  register  box  (extending  in  floor  registers  from  the 
underside  of  the  ceiling,  below  the  register,  to  the 
border  in  the  floor)  the  outside  of  said  space  to  be  cov- 
ered with  a casing  of  tin  plate,  made  tight  on  all  sides, 
to  extend  to  and  turn  under  the  said  border.  Regis- 
ters of  fifteen  by  twenty-five  inches  or  more,  shall  have 
a space  of  not  less  than  two  inches.  All  woodwork 
near  all  tin  or  other  metal  flue  or  pipe  used  or  to  be 
used  to  convey  heated  air,  shall  be  protected  by  a soap- 
stone or  earthen  ring  or  tube,  or  a metal  casing  so  con- 
structed as  to  permit  free  circulation  of  air  around  said 
pipe  or  flue.  Stoves  shall  be  placed  at  least  twenty 
inches  and  smoke-pipes  at  least  twelv^e  inches  from  any 


THE  CITY  OF  SYRACUSE. 


165 


unprotected  woodwork.  Woodwork  within  said  dis- 
tances shall  be  protected  by  metal  covering,  and  if 
within  less  than  one-third  of  said  distances,  shall  have 
a double  metal  covering  with  ventilating  air  space  be- 
tween. Open  fire-places,  heaters,  cooking  ranges,  set-  Foundations 

for  fire-places, 

kettles  and  the  like,  shall  have  fire  proof  foundations,  heaters,  etc. 
with  fire-proof  hearth  extending  not  less  than  sixteen 
inches  from  the  grate  or  ashpit.  No  brick  structure  to 
contain  fire  shall  be  allowed  on  a wooden  floor  in  any 
building.  The  provisions  of  this  section  shall  apply  to 
buildings  already  erected,  if  found  necessary  and  or- 
dered after  examination  of  the  premises,  by  the  fire 
marshal.  No  heater  shall  be  used  in  any  room  where  Heaters  and 

lights,  use  of, 

hay,  straw,  or  highly  inflammable  materials  are  kept  or  restricted, 
stored,  unless  properly  protected  ; no  lights,  except  gas, 
shall  be  used  in  such  room  unless  contained  in  a glass 
globe,  lantern  or  chimney.  Steam  pipes  shall  be  kept  steam  pipes, 
at  least  one  inch  from  all  woodwork,  or  shall  be  sup- 
ported by  an  incombustible  ring  or  tube,  or  rest  on  iron 
supports.  Depositories  for  ashes  in  the  interior  of  any  Ashes, 
building  shall  be  built  of  incombustible  material.  If 
any  chimney,  flue,  or  heating  apparatus,  shall,  in  the 
opinion  of  the  fire  marshal,  be  unsafe  by  reason  of  en- Notice  to  own- 

. , . , ^ „ ers  of  unsafe 

dangermg  the  premises  by  fire  or  otherwise,  the  fire  chimneys,  etc. 
marshal  shall  at  once  notify  in  writing  the  owner,  agent 
or  other  party  having  an  interest  in  said  premises,  who 
upon  receiving  said  notice,  shall  make  the  same  safe  in 
pursuance  of  the  terms  of  said  notice. 


REVISED  CHARTER  OF 


Boiler  houses 
and  boiler 
rooms. 


Roofs  of  floors. 


Doors. 


Stationary- 

boilers. 


Woodwork 

therein. 


1 66 

1 6.*  Boiler-houses  and  boiler-rooms  in  woodworking 
establishments,  or  where  inflammable  materials  are 
used,  or  where  shavings  or  highly  inflammable  fuel  is 
used,  shall  be  inclosed  with  brick,  stone  or  concrete 
walls,  or  iron  studs,  filled  with  concrete.  Roofs  or 
floors  over  such  boiler-rooms  shall  be  made  of  iron, 
brick,  stone  or  concrete  arches  or  slabs,  or  if  of  wood, 
shall  be  protected  with  fire-proof  tile  or  plastered  on 
iron  laths,  or  wire  netting,  or  covered  with  metal. 
The  doors  to  such  rooms  shall  be  of  iron,  or  of  wood 
covered  with  metal,  and  have  an  opening  in  said  door 
glazed  with  not  less  than  one-quarter  inch  thick  glass, 
and  shall  be  kept  securely  shut,  except  during  working 
hours.  The  floors  of  rooms  containing  stationary 
boilers  shall  be  made  of  incombustible  material  for  at 
least  ten  feet  in  front,  and  for  such  distance  on  the 
sides  and  rear  as  may  be  required  by  the  fire  marshal. 
Wooden  floors  under  portable  boilers  shall  have  close 
protection  of  incombustible  material.  No  woodwork 
shall  be  placed  within  one  foot  of  such  boiler  or  smoke 
pipe,  or  within  six  feet  of  the  front,  four  feet  of  the 
sides,  top,  rear  or  smoke  conductor,  unless  protected 
by  fire-proof  tiles  at  least  one-half  inch  thick,  or  by 
being  plastered  on  iron  laths  or  wire  netting,  or  by 
metal  sheathing  with  at  least  one  inch  air  space  be- 
tween the  wood  and  metal ; the  overheads  immediately 
over  hot  water  or  low  pressure  steam  boilers,  used  ex- 
clusively for  heating,  if  within  four  feet  of  the  top 
thereof,  may  be  plastered  on  wooden  laths,  or  sheathed 

*As  amended  by  chap.  288  of  the  Laws  of  1891  and  chap.  531  of 
the  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


167 


with  metal.  Rooms  for  drying  lumber  or  other  inflam-  Rooms  for 

drying  lumber 

mable  material  heated  by  direct  heat  from  the  top  of 
boilers,  shall  be  constructed  and  roofed  and  have  doors 
as  described  for  boiler-houses.  All  cellars,  yards  and  Combustible 

materials. 

alleys  shall  be  kept  clean  and  free  from  straw,  shav- 
ings, litter,  rubbish  or  other  combustible  material. 

17.*  Every  building  already  built  or  hereafter  to  be  Fire  escapes. 

erected  in  which  twenty-five  or  more  persons  shall 

occupy  any  of  the  stories  above  the  second  story,  shall, 

unless  exempted  therefrom  by  the  fire  marshal,  be 

provided  with  one  or  more,  as  may,  in  the  judgment 

of  the  fire  marshal  be  necessary,  proper  and  sufficient, 

strong  and  durable  metallic  fire-escapes  or  stairways 

constructed  as  follows ; On  the  outside  of  such  build-  How  con- 
structed. 

ing,  connected  with  each  floor  above  the  first,  well 
fastened  and  secured,  and  of  sufficient  strength,  hav- 
ing landings  or  balconies  not  less  than  six  feet  in 
length  and  three  feet  in  width,  guarded  by  iron  rail- 
ings not  less  that  three  feet  in  height,  and  embracing 
at  least  two  windows  at  each  story,  and  connected 
with  the  interior  by  easily  accessible  and  unobstructed 
openings,  and  the  balconies  and  landings  shall  be  con- 
nected by  iron  stairs  not  less  than  twenty- four  inches 
wide,  the  steps  not  to  be  less  than  six  inch  tread, 
placed  at  not  more  than  an  angle  of  forty-five  degrees 
slant,  and  protected  by  a well  secured  hand  rail  on 
both  sides  with  a twelve  inch  wide  drop  ladder  from 

Must  be  ap- 

the  lower  platform  reaching  to  the  ground ; provided,  |Jre''mtr^sha?® 

*As  amended  by  chap.  288  of  the  Laws  of  1891,  and  chap.  531 
of  the  Laws  of  1893. 


i68 


REVISED  CHARTER  OF 


Construction, 
etc.,  by  fire 
marshal. 


Repairs. 


Stairs  or 
ladders  to 
roof. 


that  any  other  plan  or  style  of  fire-escape  shall  be 
sufficient  if  approved  by  the  fire-marshal;  but  if  not 
so  approved  the  fire  marshal  may  notify  the  owner  or 
proprietor  or  lessee  of  such  building,  or  the  agent  or 
superintendent,  or  either  of  them,  in  writing,  that  any 
such  other  plan  or  style  of  fire  escape  is  not  sufficient, 
and  may,  by  an  order  in  writing,  served  in  like  man- 
ner, require  one  or  more  fire  escapes,  as  he  shall  deem 
necessary  and  sufficient,  to  be  provided  for  such  build- 
ing at  such  location  and  of  such  plan  and  style  as  may 
be  specified  in  such  written  order ; and  within  twenty 
days  after  the  service  of  such  order,  the  number  of  fire 
escapes  required  in  such  order  for  such  building  shall 
be,  either  of  the  plan  and  style  and  in  accordance  with 
the  specifications  in  said  order  required,  or  of  the  plan 
and  style  in  this  subdivision  above  described.  In  case 
said  fire  escapes  are  not  provided  as  above  directed 
within  said  twenty  days  after  the  service  of  said  notice, 
then  the  fire  marshal  may  employ  labor  and  procure 
materials  and  take  such  steps  as  may  be  necessary  for 
the  construction  and  completion  of  the  same,  and  com- 
plete and  construct  the  same  at  the  expense  of  the 
owner  or  owners  of  said  building.  Said  fire  escape 
shall  be  kept  in  good  repair  by  the  owner  or  owners  of 
such  building  and  in  default  thereof  the  same  may  be 
repaired  by  the  fire  marshal  after  two  days’  notice  to 
such  owner  or  owners  to  repair  the  same  at  the  expense 
of  such  owner  or  owners  and  no  person  shall  at  any 
time  place  any  incumbrance  upon  any  of  such  fire-, 
e.scapes.  Stationary  stairs  or  ladders  shall  be  provided 
on  the  imside  of  each  such  building  from  the  upper 


THE  CITY  OF  SYRACUSE. 


169 


story  to  the  roof  as  a means  of  escape  in  case  of  fire  ; 
and  in  case  of  failure  to  provide  the  same  by  the  owner 
or  owners  after  five  days’  notice  by  the  fire  marshal, 
he  shall  have  authority  to  provide  the  same  at  the  ex- 
pense of  such  owner  or  owners. 

18.  In  all  buildings  hereafter  built  in  which  shall  be 
placed  any  hoistway  or  elevator,  not  inclosed  by  fire- 
proof partitions  and  doors,  nor  placed  in  the  well-hole 
of  the  stairs,"  the  opening  thereof  through  and  upon 
each  floor  shall  be  provided  with  and  protected  by  a 
good  and  substantial  railing,  and  good  and  sufficient 
trap-doors  with  which  to  close  the  same,  and  such  trap- 
doors shall  be  kept  closed  during  the  night  time,  except 
said  hoistway  or  elevator  shall  then  be  in  actual  use. 
In  all  buildings  hereafter  to  be  built  within  the  first 
building  district  which  shall  be  occupied  by  more  than 
fifty  persons  and  which  shall  be  more  than  three  stories 
in  height  in  which  shall  be  placed  an  elevator,  such 
e’evator  shall  be  inclosed  in  fire-proof  partitions. 

19.  Factories,  mills  and  buildings,  where  more  than 
twenty-five  operatives  are  employed,  hotels,  boarding, 
tenement  lodging  and  apartment  houses,  and  business 
buildings  less  than  fifty  feet  high  not  hereafter  specially 
mentioned,  shall  have  the  partitions  adjacent  to  or  in- 
closing said  stairways  constructed  of  incombustible  ma- 
terial, or  of  at  least  two  by  four  studding  plastered  on 
both  sides  and  protected  as  follows : The  space  from  the 
top  of  the  lathing  or  head  of  the  partition  below  to  a 
line  three  inches  above  the  top  of  the  base-board  or  six 
inches  above  the  top  of  the  floor,  if  there  be  no  base- 


Hoistways 
and  elevators. 


Fire  proof 
partitions. 


Stairway 
partitions  in 
certain 
buildings. 


70 


REVISED  CHARTER  OF 


Public  halls, 
churches,  &c. 


Stairs  and 
exits  in  places 
of  public 
assembly. 


board,  and  the  space  adjoining  the  strings  of  the  stairs 
from  the  under  side  of  said  strings  to  a line  three  inches 
above  the  base  board  thereof,  or  six  inches  above  the 
rake  of  the  nosings,  if  there  be  no  base  board,  shall  be 
filled  in  solid  with  brick  or  stone  set  in  mortar,  con- 
crete grouting,  tile  or  other  incombustible  filling  ; if  the 
stairs  are  wainscoted  there  shall  be  a similar  filling 
three  inches  above  and  below  the  top  lines  of  the 
wainscoting,  and  when  such  buildings  are  over  three 
stories  high,  warehouses,  storehouses,  and  business 
buildings  over  fifty  feet  high,  such  partitions  shall  be 
constructed  as  above  described,  and  shall  be  further 
filled  solid  in  a similar  manner  for  the  whole  height 
thereof,  or  be  plastered  on  the  sides  adjoining  the  stair- 
way on  iron  laths  or  wire  netting,  or  covered  with  tile 
or  other  incombustible  non-conducting  material.  Pub- 
lic halls,  churches,  school-houses,  and  places  of  public 
assembly,  not  hereafter  excepted,  and  business  build- 
ings shall  have  stairway  partitions  constructed  as  herein 
described,  but  unless  filled  in  solid  shall  be  plastered  on 
both  sides  on  iron  or  wire  laths,  or  be  covered  with 
other  incombustible  non-conducting  material.  In  thea- 
ter or  public  halls,  fitted  for  theatrical  performances, 
stairway  partitions  and  inclosures  must  be  substantially 
incombustible.  vStairs  occupied  by  or  exits  leading 
from  any  place  of  public  assembly,  shall  not  have  a 
pitch  greater  than  eight  inches  rise  to  twelve  inches 
run,  nor  discharge  at  right  angles  with,  or  confronting 
each  other,  upon  or  into  any  common  landing  or  corri- 
dor of  less  than  the  united  width  of  such  exits,  nor  un- 
less separated  by  a sufficient  railing  or  partition.  No 


Width  of. 


THE  CITY  OF  SYRACUSE. 


17I 

doorway  or  stairway  leading  from  a theater  or  other 
place  of  public  assembly,  shall  be  less  than  five  feet 
wide  ; and  the  aggregate  width  of  doorways  and  stair- 
ways, from  galleries  or  interior  compartments  of  such 
buildings,  shall  be  in  the  proportion  of  at  least  eighteen 
inches  to  each  one  hundred  persons  at  any  time  con- 
tained therein.  Exterior  openings  or  stairways  shall  doors 
have  the  same  proportionate  width  to  the  whole  num- 
ber  contained  in  the  building.  All  exit  doors  from 
theaters  or  other  places  of  public  assembly  shall  open 
outward.  Buildings  over  two  stories  high,  where  com- 
bustible articles  or  materials  are  manufactured,  wherein 
over  two  hundred  operatives  are  employed,  must  have 
at  least  two  egress  stairways  to  be,  if  practicable,  at 
least  fifty  feet  apart,  and  if  that  distance  is  not  practic- 
able shall  have  stairways  at  each  end. 

20.  Every  building  or  hall  which  is  or  shall  be  fitted  i^tand  pipes  in 
Up  for  theatrical  or  other  performances,  requiring  the 
use  of  inflammable  materials,  stage,  and  so  forth,  shall 
be  provided  with  not  less  than  two  stand-pipes  at  least 
two  and  one  half  inches  in  diameter,  located  in  such 
positions  as  the  fire  marshal  shall  approve,  to  each  of 
which  shall  be  attached  one  or  more  lengths  of  hose  or 
sprinkling  pipes,  so  as  to  reach  every  part  of  such 
stage  and  audience  room  and  the  connections  there- 
with. And  whenever  said  stage  or  hall  shall  be  in 
use,  such  stand-pipes  shall  have  the  water  turned  on 
and  a suitable  person  stationed  at  the  hose  ready  for 
service.  Every  building  which  may  hereafter  be  built  inclosed  with 

fire  proof 

for  the  purpose  herein  set  forth,  shall  have  the  stair- 


172 


REVISED  CHARTER  OF 


Wall 

separating 
stage  from 
audience 
room. 


Overheads 
beneath  floors 
and 

auditorium. 


Churches 

exempt. 


Tenement  and 

lodging 

houses. 


cases  connecting  with  all  floors  and  galleries  inclosed 
with  fire-proof  walls  or  partitions;  and  the  staircase 
from  the  stage  shall  be  accessible  from  every  level  of 
its  appurtenances.  The  wall  separating  the  stage 
from  the  audience  room  shall  also  be  of  fire-proof 
material  from  the  level  of  the  ground  to  the  roof,  and 
all  openings  in  such  wall  shall  be  closed  with  incom- 
bustible shutters  or  doors  or  curtains  which  shall  be 
lowered  at  the  close  of  each  performance.  The  over- 
heads immediately  beneath  the  floors  of  the  auditorium , 
stairways  or  corridors  of  public  assembly  to  be  hereafter 
built,  shall  be  plastered  on  iron  laths,  or  wire  netting, 
or  protected  by  incombustible  material,  unless  such 
floor  be  within  three  feet  of  the  ground  and  the  space 
thereunder  be  inclosed  by  incombustible  walls,  and 
kept  clear  of  combustible  material  or  heating  appa- 
ratus. The  auditoriums  of  churches  shall  be  exempt 
from  these  requirements,  provided  the  premises  there- 
under be  used  for  church  purposes  only,  and  the  heat- 
ing apparatus  be  inclosed  in  a room  properly  guarded 
against  taking  fire. 

21.*  Tenement  and  lodging  houses  shall  conform  to 
all  the  requirements  for  dwelling  houses  hereinbefore 
contained.  Every  tenement  or  lodging  house  shall 
have  proper  means  of  escape  in  case  of  fire,  and  if  more 
than  two  stories  in  height,  shall  be  protected  with  one 
or  more  proper  and  sufficient,  strong  and  durable  fire- 
escapes  constructed  as  required  in  this  act  as  may  in 

\ 

*As  amended  by  chap.  288  of*  Laws  of  1891,  and  chap.  531  of 
the  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


1/3 


the  judgment  of  the  fire  marshal  be  necessary.  No 
tenement  house  or  lodging  house,  or  any  portion 
thereof,  shall  be  used  as  a place  of  storage  for  any 
combustible  articles,  or  any  articles  dangerous  to  life. 

No  building  hereafter  erected  or  portion  thereof  shall 
be  leased,  rented  or  occupied  as  a lodging  or  tenement 
house,  unless  it  shall  conform  in  its  construction  and 
appurtenances  to  the  requirements  for  dwelling  houses 
hereinbefore  contained,  and  shall  not  be  over  two 
stories  high,  or  two  thousand  square  feet  area,  unless 
its  exterior  walls  are  brick,  stone  or  concrete.  No 
such  house  shall  exceed  two  thousand  square  feet  in 
area,  unless  divided  by  a brick  wall  without  openings. 

No  person  shall  hereafter  erect,  alter  or  enlarge  any  stables  must 

be  approved 

building  for  a stable,  except  in  such  places  as  the 
board  of  health  shall  first  approve. 

22.  No  wooden  or  frame  building  shall  be  built,  or  wooden 

buildings  in 

added  to  if  already  built,  within  the  first  building  dis-  district, 
trict,  any  part  of  which  shall  be  more  than  fifteen  feet 
in  height,  or  the  area  more  than  two  hundred  square 
feet.  The  roof  of  all  .such  wooden  buildings  shall  be 
covered  with  incombu.stible  material.  The  fire  marshal 
may  authorize  the  erection  of  elevators  for  grain  or  coal 
to  a greater  height  than  fifteen  feet  and  temporary 
sheds  [not  over  fifteen  feet  in  height  for  the  use  of 
builders  while  at  work  upon  building  sites.  No 
wooden  building  shall  be  removed  from  without  to 
within  the  first  building  district. 


74 


REVISED  CHARTER  OF 


Wooden  23.  Woodeii  or  frame  buildings  to  be  used  as  dwell- 

buildings  m ^ 

district.  inay  be  built  in  the  second  building  district, 

but  no  part  of  the  wall  shall  be  placed  at  a less  distance 
than  three  feet  from  the  line  of  the  lot  on  which  it 
stands,  except  from  a street  line.  Wooden  or  frame 
buildings  other  than  dwellings,  may  be  built  in  the 
second  building  district,  provided  such  building  is  not 
more  than  thirty  feet  in  height,  nor  more  than  twenty- 
five  hundred  square  feet  in  area,  and  shall  conform  to 
the  regulations  prescribed  herein  for  buildings  of  the 
same  class  in  the  first  building  district,  except  that  in 
no  case  shall  such  wooden  building  be  erected  within 
three  feet  of  a side  or  rear  line  of  a lot,  unless  the  space 
between  the  studs  on  said  sides  or  rear  be  filled  in  with 
brick  and  mortar  or  other  equally  incombustible  ma- 
terial. The  fire  marshal  may  authorize  the  erection  of 
wooden  or  frame  churches  or  chapels  in  the  second 
building  district  to  a greater  height  and  area  than  above 
required. 


Notices,  how 
served. 


24.  In  all  cases  where  by  the  provisions  of  this  act, 
notice  is  required  to  be  given,  such  notice  shall  be 
served  by  posting  a written  or  printed  copy  thereof  on 
the  premises  concerned,  and  leaving  a duplicate  copy 
thereof  at  the  usual  place  of  abode  of  the  party  inter- 
ested, if  within  the  city,  or  by  mailing  such  duplicate 
in  a registered  letter  to  the  usual  address  of  said  party, 
if  residing  without  the  city,  or  publishing  the  said 
notice  for  three  successive  days  in  the  newspapers  em- 
ployed to  do  the  city  printing.  Any  notice  .served  upon 
the  architect  or  other  duly  authorized  agent  in  charge 


THE  CITY  OE  SYRACUSE. 


175 


of  any  building  or  estate,  shall  be  binding  upon  the 
owners  thereof.  Any  person  violating  any  provision  Penalty ^or 
of  this  act  wherein  no  penalty  is  herein  otherwise  pre- 
scribed,  shall  be  fined  twenty  dollars  for  every  violation 
thereof,  and  shall  be  fined  not  exceeding  twenty  dollars 
for  each  day’s  continuance  of  the  said  violation  after 
the  service  of  the  warrant  issued  upon  the  first  com- 
plaint. Fines  recovered  for  the  violation  of  any  of  the  Disposition  of 

^ fines. 

provisions  of  this  act,  shall  be  paid  into  the  cit}"  treas- 
ury, to  be  credited  to  the  fireman’s  relief  fund. 

25.  All  acts  and  parts  of  acts  inconsistent  herewith  Repeal, 
are  hereby  repealed. 

26.  Buildings  and  structures  belonging  to  the  United  e xemptions 

from  act. 

States,  or  to  this  state,  are  exempted  from  the  opera- 
tions of  this  act. 

§ 203.  All  moneys  now  in  the  hands  of  or  belonging  :\ioneys* 

received  from 

to  the  treasurer  of  the  present  fire  department  of  the  foi  eisn 
city  of  Syracuse,  and  received  by  him  as  and  for  the 
tax  upon  foreign  insurance  companies  doing  business 
in  said  city,  as  now  provided  by  law  shall  be  paid  over 
to  the  treasurer  of  said  city,  upon  his  demand  therefor, 
the  same  to  be  paid  out  by  him  for  the  use,  benefit  and 
relief  of  sick  or  disabled  firemen  of  the  fire  department 
of  said  city,  upon  the  order  of  said  board  of  fire  com- 
missioners and  under  such  regulations  as  they  may 
from  time  to  time  prescribe.  And  all  property  and  I'roperty 

. under  control 

effects  now  in  possession  of  or  belonging  to  the  present  of  council, 
fire  department,  purchased  or  paid  for  with  the  taxes 
heretofore  collected  from  foreign  insurance  companies. 


176 


REVISED  CHARTER  OF 


Board  of 
police  com- 
missioners. 


Mayor  to 
appoint  com- 
missioners. 


Term  of  office. 


Board  to  be 
non-partisan. 


Vacancies  in 
office  of 
commissioner 
filled  by 
mayor. 


as  aforesaid,  or  from  the  treasurer  of  said  city,  shall  be 
turned  over  to  the  common  council,  to  be  held  and 
used  by  them  in  like  manner  as  other  property  under 
the  provisions  of  this  act,  and  actions  in  the  name -of  the 
city  of  Syracuse  may  be  maintained  against  said  treas- 
urer of  the  present  fire  department,  and  his  sureties, 
and  any  other  proper  parties,  to  enforce  the  provisions 
of  this  section. 


TITLE  XIII. 

POLICE  COMMISSIONERS  AND  POLICE  DEPARTMENT. 

^ 204.  The  government  of  the  police  department  of 
the  city  shall  be  vested  in  a board  of  four  commission- 
ers appointed  as  hereinafter  provided. 

§ 205.  The  mayor  of  said  city  shall  have  authority, 
and  he  is  hereby  required,  upon  the  expiration  of  the 
terms  of  office  of  any  of  the  present  commissioners  of 
said  department,  to  appoint  a citizen  of  said  city,  of 
good  repute,  a commissioner  for  said  department  for 
the  term  of  four  years,  who  shall  belong  to  the  same 
political  party  as  the  commissioner  whom  he  is  ap- 
pointed to  succeed  ; and  thereafter  the  said  mayor  shall 
have  like  authority  and  it  shall  be  his  duty  to  appoint 
a like  citizen  a commissioner  for  a like  term  upon  the 
expiration  of  the  term  of  any  commissioner  hereafter 
appointed. 

§ 206.  If  any  vacancy  in  the  office  of  police  com- 
missioner shall  occur,  other  than  by  expiration  of  term 


THE  CITY  OF  SYRACUSE. 


177 


of  office,  it  shall  be  the  duty  of  said  mayor  to  appoint 
a like  citizen  a ccmmissioner  to  serve  until  the  expira- 
tion of  the  term  of  the  commissioner  whose  place  he  is 
appointed  to  fill,  and  of  the  same  political  faith  as  such 
preceding  commissioner,  so  that  the  board  of  police 
commissioners  shall  remain  and  be  non-partisan.  The  To  serve 

without 

said  commissioners  shall  serve  without  compensation,  ^'ompensation. 
^ 207.  The  mayor  of  said  city  is  hereby  also  author- Mayor  may 

remove. 

ized  to  remove  from  office  any  commissioner  of  said 
department  for  any  cause  deemed  sufficient  to  himself; 
but  he  shall  forthwith  make  and  transmit  to  the  com- 
mon council  of  said  city,  to  be  entered  upon  their 
minutes,  a statement  in  writing,  signed  by  himself  as 
such  mayor,  01  his  reasons  lor  such  removal.  council. 

§208.  The  said  police  commissioners  shall  exercise  General 

powers  and 

the  powers  and  perform  the  duties  connected  with  and 
incident  to  the  police  government  and  discipline  of  said 
city,  as  hereinafter  more  especially  provided. 

§209.  The  common  council  of  the  city  of  Syracuse  Council  to 

provide 

shall  provide  suitable  rooms  in  the  city  hall  or  el.se- 
where  for  the  meetings  of  the  commissioners.  Such  Meetings  of 

° the  board. 

meetings  shall  be  held  at  such  times  and  places  as 
shall  be  appointed  by  the  president  of*  the  board,  or  a 
majority  of  the  members  thereof,  and  the  attendance 
of  three  commissioners  shall  at  all  times  be  necessary  Quorum, 
to  constitute  a quorum. 

^ 210.  Said  board  of  police  commissioners  shall  select 

^ the  Board. 

from  their  own  number  a president  who  shall  hold 


78 


REVISED  CHARTER  OF 


Chief  of  Polk  e his  office  at  the  pleasure  of  the  board. 

to  act  as  clerk 
of  Board. 


The  chief  of 

police  shall  be  ex-officio  the  clerk  of  said  board,  but 


Clerk  to  keep  shall  receive  no  extra  compensation  therefor.  The 

record,  See. 

clerk  of  the  board  shall  keep  a record  in  due  form  of 
all  the  proceedings  of  the  board  and  perform  such 
duties  incident  to  the  office,  as  the  board  may  require. 


Board  to  make 
appointments. 


§ 211.  The  board  thus  constituted  shall  appoint  the 
policemen  and  regulate  and  control  the  police  force  of 
said  city.  The  policemen  and  officers  of  the  police 
force  now  in  office,  and  being  forty-two  in  number, 
shall  continue  to  be  the  policemen  and  officers  of  the 
police  force,  until  their  successors  are  appointed,  sub- 
ject to  removal  as  hereinafter  provided. 

Board  may  §212.  The  Said  board  may  appoint  from  time  to 

appoint  police- 

™u^thorized  by  sucli  additional  number  of  policemen  as  they  shall 

council.  deem  necessary,  provided  they  shall  be  authorized  so 
to  do  by  the  vote  of  three -fourths  of  all  the  members 
of  the  common  council. 


May  appoint  §213.  The  Said  board  ma}^  also,  when  deemed  nec- 

special 

policemen.  essary  by  them,  appoint  extra  policemen,  not  exceed- 
ing in  number  the  regular  policemen,  who  shall  serve 
for  such  time  as  the  board  shall  deem  necessary,  not  to 
exceed  ten  days,  on  request  of  the  common  council ; 
they  shall  also  in  their  discretion,  at  the  request  of  any 
May  appoint  society  holding  pubHc  exhibitions  in  said  city,  or  the 
men^at  re^qiiest  proprietor  or  director  of  any  public  exhibition  in  .said 

of  societies, 

city,  or  of  the  pre.sident  of  any  railway  corporation  in 
said  city,  appoint  such  number  of  special  policemen  as 
How  paid.  they  may  deem  necessary ; but  the  compensation  of 


THE  CITY  OF  SYRACUSE. 


179 


•Special  policemen  in  all  cases  shall  be  paid  by  the 
society  or  corporation  or  proprietor  or  director  of  the 
exhibition  for  which  the  services  shall  be  performed. 

All  special  policemen  so  appointed  shall  be  under  the  Board  to 
control  of  the  police  board. 

§ 214.  The  policemen  shall  receive  for  their  services  pav  of  poiice- 
such  compensation  as  shall  be  fixed  by  the  board,  not 
exceeding  in  any  case,  except  as  hereinafter  provided, 
the  sum  of  seventy-five  dollars  per  month. 

§215.  The  board  shall  select  from  the  policemen  Board  shall 

appoint  Chief 

appointed  by  them  one  who  shall  be  chief  of  police,  boBcc. 
whose  duty  it  shall  be,  under  the  direction  of  the  police 
board,  to  superintend  the  police  department  of  said 
city,  of  which  he  shall  be  the  chief  executive  officer : 
he  shall  keep  a record  in  a book  of  all  cases  and  legal  to  keep 

records  of 

proceedings  in  his  department,  and  of  all  services  per-  cases,  &c. 
formed  by  him  and  the  several  policemen : he  shall 
also  keep  a book  to  be  known  as  the  “ property  book,”  to  keep 

“ Property 

in  which  shall  be  entered  all  articles  taken  from  per-  book.” 
sons  arrested  or  seized  on  warrantor  otherwise,  together 
with  the  disposition  made  thereof;  he  shall,  at  least 
once  in  every  month,  report  to  the  ])oard  the  state  of  Report 

monthly  to 

the  department,  and  whether  any  member  of  his  force  Board, 
are  delinquent  in  their  duties. 

§ 216.  The  compensation  of  the  chief  of  police  shall  pay  of  Chief 

of  Police. 

be  fixed  by  the  board  and  shall  not  exceed  one  hundred 
and  fifty  dollars  per  month. 

217.  The  board  shall  also  appoint  a captain  of  the  Captain  of 

Night  Watch. 

night  watch,  to  be  selected  from  the  policemen  of  said 


i8o 


REVISED  CHARTER  OF 


Duties.  city,  who  shall,  under  the  direction  of  the  chief  of 

police,  perform  any  services  and  exercise  any  control 
which  the  chief  of  police  would,  in  the  management 
Compensation  and  Operations  of  the  department.  The  compensation 
of  the  captain  of  the  night  watch  shall  not  exceed  one 
hundred  dollars  per  month. 


Detectives.  § 2i8.  The  board  may  also  select  out  of  the  number 
of  policemen  appointed  by  them  not  to  exceed  seven 
policemen,  who  shall  constitute  a detective  force,  and 
who  shall  receive,  in  addition  to  their  regular  pay,  as 
hereinbefore  provided,  a sum  to  be  fixed  by  said  board, 
Compensation,  uot  exceeding  twenty-five  dollars  each  month.  The 
said  detective  force  shall  be  under  the  direction  of  the 
chief  of  police. 


All  appointees 
to  take  oath. 


§ 219.  The  chief  of  police,  the  captain  of  the  night 
watch  and  each  policeman  and  special  policeman  shall, 
before  he  enters  upon  the  discharge  of  his  duties,  take 
Filing  of  oath,  and  Subscribe  and  file  in  the  office  of  the  county  clerk 
of  Onondaga  county  the  constitutional  oath  of  office. 
The  chief  of  police,  the  captain  of  the  night  watch  and 
all  policemen  shall  hold  office  during  good  behavior, 
except  as  in  the  next  section  provided. 


Tenure  of 
office. 


Board  may  ^ 220.  The  board  of  police  Commissioners,  ora  major- 
suspend  any  ity  of  them,  are  herebv  authorized  to  remove  irom  office 

member  of 

force.  chief  of  police,  the  captain  of  the  night  watch,  or 


any  policeman  or  detective  for  any  cause  deemed  suffi- 
statementof  cieiit  to  them  or  a majority  of  them,  but  they  shall 

reasons  for  , m r- 

removal  to  be  forthwith  make  and  transmit  to  the  common  council  of 

made  to 

council.  city,  to  be  entered  upon  their  minutes,  a statement 


THE  CITY  OF  SYRACUSE. 


l8l 


in  writing,  signed  by  them,  or  such  majority  of  them, 
of  their  reason  for  such  removal.  The  board  may  also, 
for  disobedience  of  orders  or  other  offense  not  involving 
criminal  or  corrupt  conduct,  suspend  temporarily  from 
duty  or  pay,  or  both,  any  officer  or  member  of  the 
police  force. 

§ 221.  The  members  of  the  police  force  of  said  city  Powers  in 

criminal  cases 

shall  possess,  in  criminal  cases  and  proceedings,  in  possessed  by 
every  part  of  the  State  of  New  York,  all  the  common 
law  and  statutory  powers  of  constables,  except  for  the 
service  of  civil  process ; and  any  warrant  for  search  or 
arrest,  issued  by  the  police  justice  of  said  city  or  by  any 
magistrate  of  the  State  of  New  York,  may  be  executed 
in  any  part  of  the  State,  by  any  officer  or  member  of 
the  police  force  of  said  city,  without  any  indorsement 
of  said  warrant  and  according  to  the  terms  thereof. 

§ 222.  No  fee  or  compensation  other  than  is  herein  receive 
provided  shall  be  charged  or  received  by  any  policeman 
or  .special  policeman  for  the  arre.st,  confinement  or  dis- 
charge of  any  prisoner,  for  mileage,  or  for  serving  any 
warrant  or  process,  or  for  discharging  any  other  duty 
required  by  this  act  to  be  performed  by  him  ; but  any 
reasonable  and  necessary  expenses  incurred  by  any 
policeman  in  traveling,  or  otherwise,  in  the  discharge 
of  his  duties,  shall  be  paid  by  the  treasurer  of  the  city 
of  Syracuse,  on  the  warrant  of  the  board  of  commis- 
sioners aforesaid,  and  the  said  board  are  hereby  author- 
ized to  charge  to  the  county  of  Onondaga,  or  to  the  city 
of  Syracuse,  as  one  of  the  towns  thereof,  as  the  case 


i82 


REVISED  CHARTER  OF 


may  be,  the  moneys  thus  paid,  and  the  same  shall  be 
allowed  and  audited  by  the  board  of  supervisors  of  said 
county,  or  by  the  board  of  city  auditors  of  the  city  of 
Syracuse. 

Nor  rewards,  §223.  No  policemau  or  Special  policeman  or  officer 

poFiS'board  police  force  shall  receive  any  present  or  reward 

for  services  rendered  or  to  be  rendered,  unless  with  the 
approval  of  the  police  board,  such  approval  to  be  given 
in  writing  and  filed  with  the  clerk ; and  any  one  of 
their  number  who  shall  receive  any  fee  or  reward  in 
violation  of  this  section  shall  forfeit  his  office. 


Salaries,  &c., 
of  police 
department, 
how  paid. 


§ 224.*  The  salaries  and  contingent  expenses  of  the 
police  department,  office,  furniture,  fuel,  lights,  station- 
ery, printing,  advertising,  books,  policemen’s  badges 
and  batons,  shall  be  paid  by  the  treasurer  of  the  city 
on  a warrant  of  the  board.  All  warrants  of  said  board 
must  be  authorized  by  a vote  of  the  board  and  signed 
by  the  president  and  clerk  thereof. 


Police  shall  be  §225.  The  police  appointed  Under  this  act  shall  be 

uniformed. 

uniformed  police. 


Board  has  § 226.  The  board  of  police  commissioners  aforesaid 

Fui^s,^  shall  have  power  to  make  such  rules,  regulations  and 

regulations, 

by-laws,  not  inconsistent  with  the  laws  of  this  vState 
and  of  the  United  States,  as  may  be  necessary  for  the 
gevernment  and  discipline  of  the  police  force  and  man- 
agement of  the  police  department. 


*As  amended  by  chap.  531  of  the  Laws  of  1893. 


THE  CITY  OF  SYRACUSE. 


183 


^227.  The  common  council  of  said  city  shall  pro- Common 

council  shall 

vide  and  keep  in  order  such  station-houses,  lock-ups  ftaUon^houses 
and  other  necessary  accommodations  as  shall  be  re- 
quired for  the  use  of  the  police  force. 


TITLE  XIV. 

CITY  EXPENDITURES. 

§ 228.  No  officer  of  the  city  or  any  other  person  shall  common 

ir  council  only  to 

have  power,  and  each  and  every  person  is  prohibited 
from  making  any  purchase  or  contracting  any  debts  on 
the  part  of  the  city,  unless  specially  authorized  by  the 
common  council  so  to  do  ; and  no  account,  claim  or  de- 
mand of  any  kind  shall  be  audited,  allowed  or  paid  by 
the  common  council  unless  the  same  was  duly  author- 
ized by  vote  after  being  examined  by  the  mayor  and 
reported  to  the  common  council. 

§ 229.  In  case  any  alderman  shall  vote  for  any  appro-  Voting  for 

expenditures 

priation  or  for  the  payment  or  expenditure  of  any  authorized 

moneys  not  authorized  by  this  act  or  in  violation  of 

any  of  the  provisions  of  this  act,  every  such  alderman 

shall  be  liable  to  a penalty  of  one  hundred  dollars,  to 

be  sued  for  and  recovered  in  any  court  by  any  citizen  Penalty. 

of  said  city  ; and  in  case  the  said  common  council  shall 

contract  any  debt  after  the  .second  Tuesday  in  March 

in  any  year,  and  before  the  second  Tuesday  in  March 

thereafter,  which  shall  remain  unpaid  for  one  month 

after  the  last  mentioned  day  for  want  of  sufficient  funds 

in  the  treasury  to  pay  the  same,  or  in  case  the  common 


Personal 
liability 
of  Aldermen. 


Appropria- 
tions must  be 
specific. 

Extra  com- 
pensation 
not  allowed. 


Common 
council  to 
audit  all 
accounts. 


Fees  for 

searching 

records. 


To  be  paid 
into  city 
treasury. 


Common 
council  to 
review 
accounts  of 
previous 
council. 

Shall  bring 
suit  against 
aldermen  and 
mayor. 


184  REVISED  CHARTER  OF 

council  shall  authorize  any  expenditure  for  any  pur- 
pose in  such  year  exceeding  the  amount  they  are  here- 
by authorized  to  raise  for  such  purpose,  the  aldermen 
voting  for  the  contracting  of  any  such  debt  or  to  author- 
ize any  such  expenditure  shall  also  be  personally  liable 
to  each  and  every  party  entitled  to  payment,  but  the 
city  of  Syracuse  shall  not  be  liable  to  pay  the  same, 
nor  shall  the  common  council  audit  or  pay  any  debt  so 
contracted  or  expenditure  so  made. 

§ 230.  All  resolutions  adopted  by  the  common  coun- 
cil, authorizing  the  expenditure  of  money,  shall  appro- 
priate specifically  the  amount  to  be  expended,  and  no 
extra  or  additional  compensation  shall  be  allowed  or 
paid  on  any  contract,  or  to  any  officer,  person  or  per- 
sons, for  any  services  or  work  done  or  materials  fur- 
nished to  said  city. 

§ 231.  The  common  council  shall,  in  such  manner 
and  form  as  they  may  deem  proper,  examine,  settle  and 
allow  all  accounts  chargeable  against  the  city,  as  well 
of  its  officers  as  of  other  persons,  except  as  herein  other- 
wise provided,  and  shall  prescribe  the  fees,  to  be  paid 
to  any  officer  of  the  city  for  searching  the  records  and 
files  belonging  to  the  city  for  individual  purposes,  which 
fees  shall  be  paid  by  such  officer  into  the  city  treasury. 

§ 232.  It  shall  be  the  duty  of  each  common  council 
immediately  to  a.scertain  the  amount  of  debt  contracted 
by  the  common  council  of  the  previous  year ; if  the 
same  shall  exceed  the  amount  authorized  by  law,  it 
shall  bring  an  action  or  actions  in  the  name  of  the  city 


THE  CITY  OF  SYRACUSE. 


185 


to  recover  such  amount  against  the  several  aldermen 
who  may  have  voted  for  the  expenditure  constituting 
all  or  any  part  of  such  excess  and  against  the  mayor 
who  may  have  approved  the  bill,  and  such  moneys 
when  collected  shall  be  paid  into  the  city  treasury  for 
the  benefit  of  those  entitled  thereto. 

§233.  Whenever  the  common  council  shall  require  Contracts  in 
any  wbrk  to  be  done  or  materials  or  supplies  to  be  fur- 
nished, the  nature  of  which  will  admit  of  competition 
on  the  part  of  those  who  might  do  or  furnish  the  same, 
the  same  shall  be  done  or  furnished,  as  the  case  may  be, 
by  contract,  if  an  expenditure  of  more  than  seventy-five 
dollars  shall  be  involved,  and  such  contract  shall  be'^^^ff 
awarded  to  the  lowest  bidder,  who  shall  give  one  or 
more  sureties  to  be  approved  by  the  mayor  for  its  faith- 
ful performance.  The  proposals  shall  be  advertised  for  Advertise- 
ment for 

at  least  five  days  in  the  official  papers  of  the  city,  and  proposals, 
shall  be  in  such  form  as  the  council  may  prescribe. 

When  the  lowest  bid  in  any  case  shall,  in  the  opinion  Lowest  bid 

, . may  De 

of  the  common  council,  be  too  high  they  shall  have  the  rejected, 
right  to  reject  it,  and  direct  the  clerk  to  advertise  again 
for  the  same  time  and  in  the  same  manner  for  new  pro- 
posals. The  common  council  shall  not,  howev'er,  be  Exceptions, 
required  to  procure  any  work  to  be  done,  or  materials 
or  supplies  furnished  by  contract  awarded  to  the  lowest 
bidder  for  the  purposes  named  in  sections  one  hundred 
.and  sixty  and  one  hundred  and  sixty-two  of  this  act. 


To  take  and 
file  oath. 


Official  bonds. 


Additional 

security. 


City  may 
bring  suit. 


Officers  to 
take  oath  and 
give  bonds 
before. 


Terms  of 
office,  general. 


1 86  REVISED  CHARTER  OF 

TITLE  XV. 

MISCELLANEOUS  PROVISIONS. 

§ 234.  Except  as  otherwise  specially  provided  all 
officers  elected  or  appointed  under  the  provisions  of  this 
act  or  any  amendment  thereof  shall  take  and  file  in  the 
office  of  the  city  clerk  the  constitutional  oath  of  office. 

§ 235.  In  addition  to  the  officers  required  by  this  act 
to  give  bonds  for  the  faithful  performance  of  their  sev- 
eral duties  and  for  the  accounting  for  and  paying  over 
all  moneys  by  them  received,  respectively,  the  common 
council  may  require  an}'  other  officer  or  person  who  is 
or  may  be  appointed  by  them  to  give  like  bonds  with 
such  sureties  as  the  council  may  approve,  and  condi- 
tioned as  the  council  may  direct;  and  the  common 
council  may,  whenever  it  may  deem  proper,  require 
additional  or  further  security  of  any  officer  or  person 
after  the  giving  of  the  bond  first  mentioned.  The  city 
of  Syracuse  may  sue  for  and  recover  for  any  breach  of 
such  bond  or  bonds. 

§ 236.  Except  as  herein  and  by  law  otherwise  pro- 
vided no  person  elected  or  appointed  to  any  office  under 
the  provisions  of  this  act  shall  enter  upon  the  discharge 
of  his  duties  until  he  shall  have  taken  such  constitu- 
tional oath  of  office,  and  the  bond  or  bonds,  if  any,  re- 
quired to  be  given  by  him  for  the  faithful  performance 
of  his  duties,  have  been  approved. 

^ 237.  Except  as  by  this  act  or  by  any  general  statute 
otherwise  specially  provided,  the  term  of  office  of  all 


THE  CITY  OF  SYRACUSE. 


187 


officers  elected  or  appointed  under  the  provisions  of  this 
act  shall  be  deemed  to  commence  at  the  time  of  the  an- 
nual meeting  of  the  common  council  on  the  first  Mon- 
day after  the  charter  election. 

§ 238.  If  any  person  elected  or  appointed  to  any  office 
under  the  provisions  of  this  act  shall  not,  within  five 
days  after  notification  of  his  election  or  appointment, 
take  and  file  the  required  oath  of  office  and  execute  the 
security,  if  any  required,  the  common  council  may  council  may 
treat  such  neglect  or  omission  as  a refusal  to  serve,  de-  and  mf 

vacancy. 

dare  the  office  vacant,  and  proceed  forthwith  to  fill  said 
vacancy  as  in  this  act  provided. 

§ 239.  The  common  council  shall  determine  and  pre-  Council  to  fix 

compensation. 

scribe  the  compensation  to  be  paid  to  any  officer  elected 
or  appointed  under  this  act,  not  otherwise  herein  pro- 
vided for ; and  the  compensation  fixed  by  this  act,  or 
by  the  common  council,  for  the  several  officers  shall  l)e 
in  full  for  all  services  which  said  officers  shall  respect- 
ively perform  for  said  city  in  any  and  all  capacities. 

All  fees  and  perquisites  received  by  such  officers  shall  All  fees  to  be 

paid  to  citv 

except  as  herein  otherwise  specially  provided,  be  paid  measurer. ' 
into  the  city  treasury  for  the  benefit  of  the  general 
fund. 

§240.  The  common  council  may  prescribe  the  form 
of  affidavit  to  be  sworn  to  and  annexed  to  bills  against 
the  city,  and  the  time  and  manner  of  auditing  and 
paying  accounts  again.st  the  city  and  the  salaries  of 
city  officers. 


88 


REVISED  CHARTER  OF 


False 

■swearing 

deemed 

perjury. 

§ 241.  Any  person  required  to  take  or  who  may  take 
any  oath  or  affirmation  under  or  by  virtue  of  the  pro- 
visions of  this  act,  who  shall  willfully  swear  or  affirm 
falsely  to  any  material  fact  or  matter,  under  such  oath 
or  affirmation,  shall  be  guilty  of  perjury. 

School  com-  § 242.  No  scliool  Commissioner  shall  be  interested  in 

niissionersand 

aldermen  any  work  done  or  supplies  furnished  in  pursuance  of 
co?trac?s^&c.  uction  of  the  board  of  education;  nor  shall  any 
alderman  be  interested  in  any  work  done  or  supplies 


Penalty. 

furnished  in  pursuance  of  any  action  of  the  common 
council.  Any  person  violating  any  of  the  provisions 
of  this  section  shall  forfeit  and  pay  the  sum  of  one 
hundred  dollars,  to  be  sued  for  and  recovered  by  any 
citizen  or  officer  of  the  city. 

Citizens  § 24^.  No  person  shall  te  disqualified  from  actinv  as 

qualified  to  act  - ‘to  r ^ 'i  & 

in  city  suits,  judge,  juiw,  witness  or  justice,  by  reason  of  being  an 


Exemption 
from  arrest 
on  election 
day. 

inhabitant  or  freeholder  in  the  city  of  Syracuse,  in  any 
action  or  proceeding  in  which  the  city  is  a party  or 
interested.  No  person  entitled  to  vote  at  any  election 
held  under  this  act  shall  be  arrested  on  civil  process 
within  said  city  on  the  day  on  which  such  election 

shall  be  held. 

Judgments 
against  city 
may  be 
appealed. 

§ 244.  If  judgment  in  any  action  shall  be  rendered 
against  the  city,  by  any  justice  of  the  peace,  or  in  any 
court,  such  judgment  may  be  removed  by  appeal  to 
the  proper  court  in  the  .same  manner  and  with  the 
same  effect  as  though  the  city  were  a natural  .person, 
except  that  no  undertaking  on  appeal  shall  be  neces- 
.sary  to  be  executed  by  or  on  behalf  of  the  city. 

THE  CITY  OF  SYRACUSE. 


189 


§245.  Any  judgment  rendered  against,  or  JudR^ments  m 

imposed  upon,  any  defendent  in  any  action  or  proceed- 
ing  brought  upon  or  instituted  in  pursuance  of  this 
act,  or  under  the  provisions  of  any  ordinance,  by-law 
or  resolution  made  in  pursuance  of  the  provisions  of 
this  act,  may  be  enforced  by  warrant  or  execution,  to 
be  issued  to  any  constable  or  policeman  of  the  city  upon 
the  rendition  of  such  judgment  or  imposition  of  such 
penalty.  If  the  defendant  in  such  case  has  no  goods  Judgment 
or  chattels,  lands  or  tenements,  whereof  the  judg-  imprisoned, 
ment  can  be  collected,  the  execution  shall  require  the 
defendant  to  be  imprisoned  in  the  jail  of  Onondaga 
county  for  a term  not  exceeding  thirty  days. 

§246.  Whenever  any  written  charges  shall  be  pre- 
sented  against  any  officer  of  the  city  (except  as  other- officer^, 
wise  herein  provided),  for  incapacity,  official  miscon- 
duct or  other  offense,  specifying  the  same,  the  common 
council  .shall  cause  a copy  of  the  same  to  be  served 
upon  the  party  cliarged  at  least  five  days  before  the 
hearing  of  the  same,  with  a notice  of  the  time  and 
place  of  the  hearing  thereof.  At  the  time  and  place  Council  to 

hear  evidence. 

Specified  in  said  notice,  tlie  common  council  shall  pro- 
ceed to  hear  the  evidence  offered  and  determine  said 
charges.  If  the  same  are  not  sustained  they  may  dis- council  to 

. 'll  1 • determine. 

miss  the  same,  or  it  sustained,  they  may  by  resolution 
remove  such  officer  and  declare  such  office  vacant,  and 
proceed  to  fill  the  vacancy  as  herein  provided.  No 
person  shall  be  removed  unle.ss  by  the  affirmative  vote  Two-thirds 
(to  be  taken  by  ayes  and  nays)  of  two-thirds  of  all  the  remov^e. 
members  elected  to  the  council.  Nothing  herein  con- ^^^'mers 

^ exempted. 


90 


REVISED  CHARTER  OF 


tained  shall  authorize  the  removal  of  the  mayor,  aider- 
man,  police  justice  or  any  justice  of  the  peace  of  said 
city. 


Repeal  of  by-  §247.  The  conimou  couiicil  may,  by  a two-thirds 

laws  and 

ordinances.  vote  of  all  members  elected  to  the  council  (taken  by 
ayes  and  nays),  and  not  otherwise,  repeal  any  by-law 
or  ordinance  which  may  be  passed  by  said  common 
council  under  the  provisions  of  this  act. 


Hold  one  office  § 248.  No  person  shall,  at  the  same  time,  hold  more 
than  one  of  the  offices  created  or  authorized  by  this  act. 


Officers  to  § 249.  All  persons  in  office  at  the  time  of  the  passage 

terms.  of  this  act,  whether  elected  or  appointed,  shall  con- 

tinue to  hold  their  respective  offices  for  the  balance  of 
the  terms  for  which  they  were  respectively  elected  or 
appointed. 


Liability  for  § 250.*  The  city  of  Syracuse  shall  not  be  liable  in  a 

injuries. 

civil  action  for  any  injury  or  damage  resulting  from 
any  defect  or  improper  condition  in  or  upon  any  street 
Notice  of.  or  sidewalk,  unless  written  notice,  .specifying  the  time, 
place,  and  cause  of  such  injury,  or  damage  shall  be 
served  on  the  mayor  or  city  clerk  within  six  months 
after  the  injury  or  damage  was  received,  nor  unless  an 
action  shall  be  commenced  within  one  year  after  the 
Commence-  service  of  sucli  iiotice.  No  action  to  recover  or  enforce 

ment  of  action. 

any  such  claim  against  the  city  .shall  be  brought  until 
the  expiration  of  forty  days  after  the  claim  .shall  have 
been  presented  in  the  manner  and  form  above  provided*. 


*As  amended  by  chap.  449  of  the  Laws  of  1888. 


THE  CITY  OF  SYRACUSE. 


I9I 

§251.  The  common  council  of  the  city  of  Syracuse  Charter  elec- 
tion in  1885. 

shall,  in  due  season,  prior  to  the  election  for  city  and 
ward  officers  in  and  for  the  year  eighteen  hundred  and 
eighty-five,  take  all  necessary  measures  and  make  all 
due  and  needful  provisions  for  the  holding  of  the  char- 
ter election  in  that  year,  and  the  election  of  all  cit}^ 
and  ward  officers,  required  to  be  elected  at  such  elec- 
tion under  the  provisions  of  this  act,  including  the  ap- 
pointing of  inspectors  of  elections.  Such  provisions 
shall  conform  as  nearly  as  may  be  to  the  general 
statutes  of  the  State  regulating  the  appointment  of 
inspectors,  the  registry  of  voters  and  the  holding  of 
elections. 

§252.  The  intention  being  that  this  act  shall  be  a aii  former 

laws  repealed. 

substitute  for  and  take  the  place  of  the  present  charter 
of  said  city,  and  all  local  laws  relating  to  all  or  any  of 
the  matters  in  this  act  provided  for,  it  is  expressly  de- 
clared that  from  and  after  the  time  when  this  act  shall 
take  effect,  each  and  all  of  the  provisions  of  the  present 
charter  of  said  city,  and  all  local  laws  relating  to  all  or 
any  of  the  matters  in  this  act  provided  for,  and  all  acts 
and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed,  but  such  repeal  shall  not  affect  any  suits  or  Exceptions, 
legal  proceedings  then  pending. 

§ 253.  This  act  shall  take  effect  immediately. 


ACTS  OF  THE  LEGISLATURE 

RELATING  TO  THE 

CITY  OF  SYRACUSE. 


MUNICIPAL  COURT. 

I.AW  TO  K.STAI5IASH  A “MUNICIPAL  COUKT  OF  THF  CITY 
OF  SYJIACLISK,”  PASSKO  APRIL  30,  1803,  HKIN(i  CIIAP- 
TFR  .343  OF  THF  LAWS  OF  1S93,  AS  AMKNDKI)  MARCH 
l.'i,  1804,  BY  CHAPTFR  137  OF  THF  LAAYS  OF  1804. 

vSkction  I.  A court  of  civil  jurisdiction,  to  be  called  Municipal 
and  known  as  the  “Municipal  Court  of  the  City 
vSyracuse’’  is  hereby  created  and  established,  in  and 
for  said  city,  with  the  jurisdiction  and  powers  herein- 
after provided.  Iinniediately  after  this  act  .shall  take 
effect  there  .shall  be  appointed  by  the  governor  two  judges, 
judges  of  said  court,  not  more  than  one  of  whom  shall 
belong  to  the  same  political  i^arty,  whose  duties  shall 
be  to  organize  and  hold  said  court  in  said  city  as  here- 
inafter provided. 

§ 2.  Said  judges  shall  enter  upon  their  duties  on  Terms  of 
the  first  day  of  January,  eighteen  hnndred  and  ninety- 
three,  one  of  whom  shall  hold  office  for  the  term  of 
five  years,  and  the  other  for  the  term  of  six  years  ; the 
term  of  each  judge  to  be  de.signated  by  the  governor  at 
the  time  of  making  such  appointment.  Tlie  judges 
appointed  or  elected,  as  provided  in  this  act,  .shall  take  oniciai  oath, 
the  oath  of  office  provided  by  law  before  entering  upon 
their  duties,  and  file  the  same  with  the  clerk  of  Onon- 
daga county. 

^ 3.  At  the  annual  charter  election  to  be  held  in 
.said  city,  next  preceding  the  close  of  each  term,  .said 
office  shall  be  filled  by  election,  and  the  j^ier.sons  so 
elected  shall  hold  office  for  the  term  of  .six  years. 


94 


LEGISLATIVE  ACTS. 


Vacancies 
how  filled. 


Removal  of 
constables. 


Marriages. 


Services  of 
constables. 

Power  to  take 
oaths,  &c. 


Oath  of  office. 


Eligibility  to 
office. 


Husiness 

hours. 


Division 
of  Court. 


§ 4.  Whenever  a vacancy  shall  occur  in  said  office 
the  same  shall  be  filled  by  election  at  the  next  annual 
charter  election  held  in  said  city,  and  the  person  so 
elected  shall  hold  office  for  the  term  of  six  years ; 
provided,  however,  that  if  such  vacancy  occurs  more 
than  .sixty  days  next  previous  to  such  election,  the 
same  may  be  filled  by  the  governor,  the  appointee  to 
hold  office  until  the  first  day  of  January  next  follow- 
ing such  appointment. 

§ 5.  The  judges  of  .said  court  shall  have  power  to 
remove  any  constable  of  said  city  upon  the  same  com- 
plaint as  is  provided  by  law  for  the  removal  of  a con- 
stable of  a town.  The  .said  judges  shall  associate 
together  to  hear  and  determine  the  same,  and  the  same 
proceedings  shall  be  had  by  and  before  them  as  are 
provided  by  law  to  be  had  by  and  before  three  justices 
of  the  peace  of  a town  for  the  removal  of  a constable. 
The  judges  of  said  court  are  hereby  authorized  and 
empowered  to  solemnize  the  rights  of  marriage.  They 
shall  also  have  power  to  take  oaths  and  acknowledg- 
ments with  the  same  force  and  effect  as  a justice  of  the 
peace.  The  said  judges  or  either  of  them  may  command 
the  services  of  any  constable  of  said  city  to  enforce  the 
authority  of  said  court  and  to  maintain  the  peace. 

§ 6.  The  judges  elected  or  appointed  as  provided  in 
this  act  shall  before  entering  upon  their  duties,  take 
the  oath  of  office  pre.scribed  by  law,  and  file  the  .same 
in  the  office  of  the  clerk  of  the  county  of  Onondaga. 

§ 7.  No  person  shall  be  eligible  to  the  office  of 
judge  of  said  court,  unle.ss  he  be  a re.sident  elector  of 
the  city  of  Syracuse,  and  has  been  an  attorney  and 
counselor  of  the  supreme  court  of  the  State  of  New 
York  for  three  years. 

§ 8.  The  court  .shall  be  opened  for  the  tran.saction  of 
bii.sine.ss  each  day  in  the  year  (Sundays  and  legal  holi- 
days excepted,)  and  .shall  be  held  by  one  of  the  judges 
thereof.  Whenever,  however,  the  necessities  of  1)usi- 
ness  recpiire,  the  .said  court  may  be  held  in  two  ])arts 
or  divi.sions  at  the  .same  time. 


LEGISLATIVE  ACTS. 


95 


§ 9.  The  common  council  of  said  city  shall  provide  Duty  of 
suitable  rooms,  light,  fuel,  furniture,  necessary  blank- council, 
books,  blanks  and  stationery,  for  the  use  of  said  court, 
and  shall  provide  for  the  payment  of  the  salaries  of  the 
judges  and  clerks  thereof,  and  any  other  neceSvSary 
expenses  of  said  court. 

§ 10.  The  said  court  vShall  have  jurisdiction  of 
following  actions  and  proceedings  whether  commenced 
by  summons,  warrant,  attachment,  requisition  or  other 
process  : 

1.  An  action  to  recover  damages  upon,  or  for  a actions 

, . r • 1 ^ 1 1 upon  contract. 

breach  01  contract,  express  or  implied,  other  than  a 
promi.se  to  marry,  when  the  sum  claimed  does  not  ex- 
ceed five  hundred  dollars. 

2.  An  action  to  recover  damages  for  a personal  in- Damages  for 
jury,  or  an  injury  to  property,  where  the  sum  claimed 

does  not  exceed  three  hundred  dollars. 

3.  An  action  upon  a bond,  conditioned  for  tlie  pay- Upon  bona, 
ment  of  money,  where  the  sum  claimed  to  be  due,  does 

not  exceed  five  hundred  dollars;  the  judgment  to  be 
rendered  for  the  sum  actually  due ; where  the  sum 
secured  by  the  bond  is  to  be  paid  by  installments,  an 
action  may  be  brought,  for  each  installment  as  it  be- 
comes due. 

5.  An  action  upon  a .surety  bond,  taken  in  said 
court,  or  by  any  justice  of  the  peace. 

6.  An  action  upon  a judgment  rendered  in  .said 
court,  or  in  a court  of  a justice  of  the  peace,  or  in  a 
di.strict  court  of  the  city  of  New  York,  or  in  a justice 
court  of  a city,  being  a court  not  of  record. 

7.  An  action  to  recover  one  or  more  chattels,  with 
or  without  damages,  for  the  taking,  withholding  or 
detention  thereof,  where  the  value  of  the  chattel,  or  of 
all  the  chattels,  as  .stated  in  the  affidavit,  made  on  the 
part  of  the  plaintiff,  does  not  exceed  five  hundred 
dollars. 


196 


LEGISLATIVE  ACTS. 


Judgment  on 
confession. 


Fraud  in  sale 
or  purchase  of 
property. 


Attachment 
actions,  com- 
menced by. 


Summary 

proceedings. 


Mechanics 
and  other 
Liens. 


Bastardy 

proceedings. 


Penalties. 


Other  actions. 


Court  cannot 
take  cogniz- 
ance of  certain 
actions. 


8.  To  render  judgment  upon  the  confession  of  a de- 
fendant or  defendants,  as  prescribed  in  title  six,  chapter 
nineteen  of  the  Code  of  Civil  Procedure,  where  the 
sum  confessed  does  not  exceed  one  thousand  dollars. 

9.  In  an  action  for  damages  for  fraud  in  the  sale, 
purchase,  or  exchange  of  pensonal  property,  if  the  dam- 
ages claimed  do  not  exceed  five  hundred  dollars. 

10.  In  an  action  commenced  by  attachment,  pursu- 
ant to  the  provisions  of  article  four  of  title  two  of  chap- 
ter nineteen  of  the  Code  of  Civil  Procedure,  if  the  debt 
or  damages  claimed  do  not  exceed  five  hundred  dollars. 

11.  In  summary  proceedings,  under  title  two  of 
chapter  eighteen  of  the  Code  of  Civil  Procedure,  to 
recover  possession  of  land  and  to  remove  tenants  and 
others  therefrom. 

12.  In  actions  or  proceedings  under  any  statute  for 
the  enforcement  of  the  liens  of  mechanics  and  others, 
where  the  amount  of  the  lien  does  not  exceed  the  sum 
of  five  hundred  dollars,  the  same  proceedings  to  be  had 
as  are  provided  by  law  to  be  had  in  justices’  courts 

13.  In  proceedings  in  cases  of  bastardy,  brought  by 
the  overseer  of  the  poor  of  the  city  of  Syracu.se,  or  by 
the  superintendent  of  the  poor  of  the  county  of  Onon- 
daga. 


14.  In  proceedings  to  recover  a penalty  for  the  viola- 
tion of  any  ordinance  of  the  city  of  Syracuse. 

15.  In  any  other  action  or  civil  proceeding  of  which 
justices  of  the  peace  of  towns  now  have  jurisdiction. 

§ II.  But  such  court  cannot  take  cognizance  of  a 
civil  action  in  either  of  the  following  cases  : 

I . Where  the  title  to  real  property  conies  in  (question, 
as  prescribed  in  title  three  of  chapter  nineteen,  of  the 
Code  of  Civil  Procedure.  But  when  such  (pie.stion 
ari.ses,  the  pleadings  and  practice  shall  be  the  same  as 
are  now  jirovided  by  law,  for  justices’  courts,  in  regard 
thereto. 


LEGISLATIVE  ACTS. 


197 


2.  When  the  action  is  to  recover  damages  for  false 
imprisonment,  libel,  slander,  criminal  conversation, 
seduction  or  malicious  prosecution. 

3.  Where,  in  a matter  of  account,  the  sum  total  of 
the  accounts  of  both  parties,  proved  to  the  satisfaction 
of  the  court,  exceeds  one  thousand  dollars. 

4.  Where  the  action  is  brought  against  an  executor 
or  administrator  as  such. 

§ 12.  Said  court  shall  have  the  same  jurisdiction  .Lirisdiction 
over  the  persons  of  defendants,  as  is  now  possessed  by  of^defJndants. 
justices’  courts  of  towns,  pursuant  to  the  provisions  of 
section  twenty-eight  hundred  and  sixty-nine  of  the 
Code  of  Civil  Procedure,  and  for  the  purpose  of  con- 
ferring jurisdiction  of  the  person,  the  said  city  of  Syra- 
cuse shall  be  deemed  a town,  and  said  court  a justices’ 
court  thereof. 

§ 13.  Process  sliall  be  made  returnable  before  said  r'rocess. 
court,  by  its  proper  title,  and  shall  be  substantially  in 
the  forms  and  returnable  within  the  times  ])rescribed 
for  courts  of  justices  of  the  peace,  and  shall  be  signed 
by  a judge,  or  clerk  or  deputy  clerk  of  said  court. 

§ 14.  The  process,  service  of  the  same,  appearances, 
practice,  pleadings,  and  proceedings  in  said  court  and  ’ 

in  appeals  therefrom,  judgments  by  confession,  offers 
to  compromise,  fees,  costs  and  disbursements,  shall, 
except  as  hereinafter  otherwise  provided,  be  governed 
by  the  provisions  of  the  Code  of  Civil  Procedure  in 
regard  to  courts  of  justices  of  the  peace  including  the 
provisions  of  chapter  four  hundred  and  fourteen  of  the 
laws  of  eighteeen  hundred  and  eighty-one,  and  the 
acts  amendatory  thereto  in  relation  to  the  service  and 
making  of  verified  pleadings  in  justices’  courts.  The 
precept,  practice,  pleadings  and  appeal,  in  snmmary 
])roceedings  shall  be  governed  by  the  provisions  of  the 
Code  of  Civil  Procedure  relating  thereto. 

Proceedings  and  practice  in  cases  of  bastardy  and 
appeals  therefrom,  shall  be  governed  by  the  provisions 


198 


.EGISLATIVE  ACTS. 


Rules  of 
practice, 
alterations  of. 


Appearance 
of  attorney. 


Discon- 
tinuance 
of  actions. 


Opening 
defaults  and 
directing 
verdict. 


Motions  and 
orders. 


of  the  Code  of  Criminal  Procedure  relating  thereto  ex- 
cept that  such  proceedings  may  be  held  and  conducted 
before  either  one  of  the  judges  of  said  court,  with  the 
same  force  and  effect  as  if  two  magi.strates  were 
present.  The  judges  of  said  court  may,  from  time  to 
time,  make,  alter  and  amend  rules  of  practice,  not 
incon.sistent  with  the  provisions  of  law.  Such  rules  or 
alterations,  or  amendments  thereof  shall  not  take  effect, 
however,  until  a copy  thereof  signed  by  both  of  the 
judges  of  said  court,  and  indorsed  with  the  approval  of 
a justice  of  the  supreme  court  of  the  fifth  judicial  dis- 
trict, shall  have  been  filed  in  the  office  of  the  clerk  of 
Onondaga  county,  and  until  such  cop}"  with  said 
indorsement,  shall  have  been  published  for  at  lea.st  ten 
days  in  one  of  the  daily  newspapers,  published  at  the 
city  of  Syracuse,  in  which  city  notices  are  published. 
The  appearance  of  an  attorney  and  counselor-at-law  of 
the  supreme  court  of  this  state,  on  behalf  of  any  party 
to  an  action  or  proceeding  pending  in  said  municipal 
court,  may  be  made  by  filing  with  the  clerk  of  said  court 
a notice  of  appearance,  and  shall  have  the  same  force 
and  effect  as  if  such  appearance  had  been  made  in  a 
proceeding  pending  in  the  supreme  court.  Any  action 
or  proceeding  pending  in  .said  court  may  be  discon- 
tinued by  filing  with  the  clerk  of  said  court  a stipu- 
lation to  that  effect,  signed  by  the  parties  or  their 
attorneys,  and  by  paying  said  clerk  all  the  fees  of  said 
court,  including  constable  fees.  In  such  a case  judg- 
ment of  non-suit  need  not  be  rendered.  The  court 
shall  have  power  to  open  defaults,  and,  in  an  action 
tried  by  a jury,  to  direct  a verdict,  and  the  judge 
before  whom  a trial  is  had,  shall  have  power  to  grant 
a new  trial  of  the  action  or  proceeding  for  any  of 
the  reasons  specified  in  section  nine  hundred  and 
ninety- nine  of  the  Code  of  Civil  Procedure,  upon  such 
terms  as  may  be  just.  It,  or  the  judges  thereof  may 
also  entertain  motions  and  make  orders  in  any  action 
or  proceeding  of  which  it  has  jurisdiction,  in  the  same 
manner  as  the  .same  may  be  done  in  the  supreme  court. 
If  notice  of  a motion  or  of  any  other  proceeding,  before 
the  court  or  a judge  thereof  is  nece.ssary,  it  shall  be 
served  upon  the  party  or  his  attorney  at  lea.st  five  days 
before  the  time  appointed  for  the  hearing,  unle.ss  the 


LEGISLATIVE  ACTS. 


199 


court  or  a judge  thereof,  upon  an  affidavit  showing 
grounds  therefor,  makes  an  order  to  show  cause  why 
the  order  should  not  be  granted,  and  in  the  order 
directs  that  service  thereof  less  than  five  days  before  it 
is  returnable  be  sufficient.  A motion  for  a new  trial  be 

upon  the  minutes  must  be  made  within  seven  days  rendered, 
after  judgment  is  entered.  Judgment  upon  the  trial  of 
an  action  on  the  merits  must  be  rendered  within  ten 
days  after  the  same  has  been  finally  submitted.  Every  Actions,  etc., 
action  and  proceeding  brought  in  said  court  shall  be  called, 
called  at  the  time  specified  in  the  mandate  or  process 
by  which  it  is  commenced,  or  as  soon  thereafter  as  the 
business  of  the  court  will  permit,  and  section  twenty- 
. eight  hundred  and  ninety-three  of  the  Code  of  Civil 
Procedure  shall  not  apply  to  such  action  or  proceeding. 

§ 15.  And  all  the  powers  now  given  by  the  Code  of 
Civil  Procedure  or  by  statue  to  justices  of  the  peace  of 
towns,  to  issue  executions,  or  to  give  transcripts  are 
hereby  given  to  the  judges,  clerk,  or  deputy  clerk  of 
said  court. 

§ 16.  A judgment  of  said  court  .shall  be,  in  all  judRinentR 
respects  the  same  as  a judgment  rendered  by  a justice 
of  the  peace  of  towns,  and  all  provisions  of  the  Code 
of  Civil  Procedure  in  relation  to  filing  tran.scripts  of 
such  judgments,  and  docketing  the  same,  in  the  office 
of  the  clerk  of  Onondaga  county,  or  of  any  other  county, 
and  the  effect  of  such  judgment,  when  .so  docketed  shall 
in  all  respects  be  the  same  as  if  .said  judgment  was 
recovered  before  a justice  of  the  peace  of  a town.  But 
such  judgment  shall  be  a lien  and  remain  in  force  for 
the  same  length  of  time  as  a judgment  originally 
recovered  in  the  county  court. 

§ 17.  The  court  may,  in  its  discretion,  grant  one  or  Adjournment 
more  adjournments  of  the  trial  of  an  action  or  the  hear- 
ing  of  a motion  or  other  proceeding,  for  such  times  and 
upon  such  terms  as  it  may  deem  just,  unless  the 
defendant  has  been  arrested,  in  which  case  no  adjourn- 
ment .shall  be  made  without  the  consent  of  the  defend- 
ant. Subject  to  the  approval  of  the  judge  of  the  court, 
any  action  or  special  proceeding  may  be  adjourned 


Proceedings 
supple- 
mentary to 
execution. 


Court  fees 
in  civil 
action. 


200  I.E(;iSLATIVE  ACTS. 

after  issue  is  joined  by  a stipulation  signed  by  the 
parties  or  their  attorneys,  and  filed  with  the  clerk  of 
the  court. 

§ 1 8.  Proceedings  supplementary  to  an  execution 
against  property,  as  regulated  by  the  Code  of  Civil 
Procedure,  may  be  instituted  before  a judge  of  this 
court  in  any  case  where  the  judgment  sought  to  be 
enforced  was  rendered  therein.  For  this  purpose  the 
judge  shall  have  all  the  powers  conferred  by  law  upon 
county  judges,  and  appeals  may  be  taken  from  an 
order  granted  therein  in  the  same  manner  and  to  the 
same  court  as  if  the  order  appealed  from  had  been 
granted  by  a county  judge. 

§ 19.  There  shall  be  paid  to  the  clerk  or  deputy 
clerk  of  said  court,  the  following  sums  only  as  court 
fees  in  a civil  action.  Upon  the  issuing  of  a summons, 
one  dollar  ; upon  the  return  day,  if  judgment  is  to  be 
taken  by  default,  or  if  issue  is  joined  (1)  if  such  judg- 
ment is  rendered,  or  the  amount  demanded  in  the  com- 
plaint is  for  a sum  less  than  twenty-five  dollars,  fifty 
cents  ; (2)  if  such  judgment  is  rendered  or  the  amount 
demanded  in  the  complaint  is  for  the  sum  of  twenty- 
five  dollars  or  over,  one  dollar  ; for  the  trial  of  an  action 
by  the  court,  if  issue  joined,  one  dollar  and  fifty  cents  ; 
for  the  trial  of  an  action  by  a jury,  two  dollars  and  fifty 
cents  ; for  each  order,  warrant,  subpoena  (including  all 
the  names  inserted  therein),  execution,  requisition  in  an 
action  for  a chattel,  transcript,  or  for  drawing  a bond  or 
undertaking,  twenty-five  cents  ; for  each  adjournment, 
after  the  second  regular  adjournment,  twenty- five 
cents  ; for  hearing  an  application  for  a commission  to 
examine  one  or  more  witnesses,  or  for  an  order  for 
such  commission,  and  for  attending,  settling  and  certi- 
fying interrogatories,  or  for  hearing  an  application  to 
discharge  a defendant  from  arrest,  or  to  vacate  or  modify 
a warrant  of  attachment,  or  to  increase  the  plaintiff’s 
security  thereupon,  fifty  cents  ; for  making  a return 
upon  an  appeal  from  a judgment,  or  order,  two  dollar3. 
And  in  addition  thereto  there  shall  be  .paid,  before  the 
return  is  filed  with  the  appellate  court,  six  cents  for 
each  folio  of  one  hundred  words  contained  in  said  re- 


LE(;iSLATIVE  ACTS. 


201 


turn,  in  excess  of  fifty  folios.  In  sninmary  or  special 
proceedings,  including  bastardy  proceedings,  the  fees 
shall  be  the  same  as  are  now  allowed  by  law  to  justices  prepayment 
and  justices’  courts.  The  clerk  or  deputy  clerk  shall 
require  the  prepayment  of  all  such  fees.  Provided,  Proviso, 
however,  if  any  person  shall  satisfy  one  of  said  judges, 
by  affidavit,  which  affidavit  must  be  in  writing  and 
filed  with  the  court,  that  he  has  a good  and  meritorious 
cause  of  action  against  another  within  the  jurisdiction 
of  said  court,  and  that  he  has  made  a personal  demand 
for  the  payment  thereof  of  the  debtor,  and  that  such  pay- 
ment has  been  refused,  and  shall  therein  also  state  the 
name  and  residence  of  the  debtor,  and  the  amount  due 
over  and  above  all  legal  set-off,  and  that  the  applicant 
is  unable  to  pay  the  fees  therefor,  the  judge  to  whom 
such  affidavit  is  presented  may,  in  his  discretion, 
indorse  on  such  affidavit  directions  to  the  clerk  or 
deputy  clerk  to  issue  the  proper  writ  in  tlie  case 
returnable  before  the  other  of  said  judges  without 
charging  for  court  fees,  but  the  applicant  in  such  case 
shall  pay  in  advance  the  fees  of  the  constable  for 
serving  such  writ  or  process.  All  fees  paid  into  said 
court  or  included  in  any  judgment  rendered  therein, 
except  constable,  jury  and  witness  fees,  shall  belong  to 
the  city  of  Syracuse  and  no  such  judgment  shall  be 
satisfied  until  said  fees  are  paid  into  said  court,  but  fees 
prepaid  by  either  party  recovered  by  any  judgment  in 
ids  favor,  and  paid  into  the  court,  shall  be  refunded  to  fees”” 
him. 


I''ees  to  belong 
to  city. 


§ 20.  In  all  civil  actions  and  ])roceedings  in  this  court.  Costs  and  fees 
the  successful  party  shall  tax  and  recover  all  fees,  in- actions,  etc, 
eluding  jury,  constable  and  witness  fees,  ])'dd  by  him 
or  which  he  will  necessarily  incur.  In  addition  tliereto 
there  shall  be  allowed  to  a party,  in  case  he  has 
appeared  by  an  attorney  and  counselor  of  the  sujtreme 
court  (and  not  otherwise)  the  following  sums  as  costs  : 

I.  For  all  proceedings  before  trial,  including  judg- 
ment for  plaintiff  upon  default,  to  the  plaintiff,  three 
dollars. 


202 


LEGISLATIVE  ACTS. 


2.  Judgment  for  plaintiff  otherwise  than  upon  a 
default,  an  additional  sum  equal  to  ten  per  centum  of 
the  recovery,  not  to  exceed  twenty-five  dollars. 

3.  If  the  plaintiff  recovers  judgment  in  any  action  in 
said  court  for  the  recovery  of  one  or  more  chattels  the 
foregoing  sum  allowed  as  additional  costs  therein  shall 
be  estimated  upon  the  value  of  said  chattels  as  assessed 
by  the  said  court  or  jury. 

4.  If  judgment  of  non-suit  is  rendered  for  the  de- 
fendant, without  trial,  to  the  defendant,  three  dollars. 

5.  If  a judgment  is  rendered  for  the  defendant  after 
trial,  to  the  defendant,  five  dollars ; and  the  court,  in 
its  discretion,  may  allow  an  additional  sum  not  exceed- 
ing fifteen  dollars. 

6.  A defendant  who  recovers  in  said  court  a judg- 
ment upon  a counter  claim  therein  or  obtains  a judg- 
ment for  the  possession  or  recovery  of  chattels  sued  for 
therein  is  entitled,  in  addition  to  costs  heretofore 
allowed  said  defendant,  to  recover  a sum  equal  to  ten 
per  centum  upon  said  recovery,  or  upon  the  value  of 
said  chattels,  not  to  exceed  twenty  dollars. 

7.  No  costs  or  fees  shall  be  allowed  or  recovered  in 
an  action  brought  upon  a judgment  of  this  court,  un- 
less such  action  be  brought  more  than  five  years  after 
the  recovery  of  the  judgment  sued  on. 

8.  Costs  upon  a motion  in  an  action  or  other  pro- 
ceeding, not  exceeding  three  dollars  may  be  awarded 
either  absolutely  or  to  abide  the  event  of  an  action  or 
[)roceeding,  to  any  party,  in  the  discretion  of  the  court 
or  judge.  vSuch  costs  or  costs  awarded  under  section 
twenty-two  of  this  act,  as  amended,  may  be  included 
in  the  final  judgment,  or  if  not  so  included  may  be 
enforced  in  accordance  with  the  provisions  of  section 
seven  hundred  and  .seventy-nine  of  the  Code  of  Civil 
Procedure. 


LEGISLATIVE  ACTS. 


203 


§ 21.  Any  judge  holding  said  court,  while  is  ses- 
sion, shall  have  the  same  powers  to  preserve  order  and 
to  punish  for  contempts  committed  in  his  presence  as  Punishment 
are  possessed  by  judges  01  courts  01  record  ; providing, 
however,  that  an  appeal  may  be  taken  from  an  order 
adjudging  a person  in  contempt,  to  the  county  court  in 
the  same  manner  as  an  appeal  from  a judgment.  And 
pending  the  determination  of  such  appeal  the  person 
adjudged  in  contempt,  if  he  .shall  be  imprisoned,  may 
be  admitted  to  bail  by  any  judge  of  said  court  or  of  the 
county  court  in  such  an  amount,  and  by  an  undertak- 
ing in  such  form  and  terms  and  with  such  sureties  as 
shall  be  approved  by  such  judge. 

§ 22.  Appeals  ma}^  be  had  from  any  judgment  rend-  Appeals  from 
ered  in  .said  court  to  the  county  court  of  Onondaga  gmen  s. 
county  in  the  .same  manner  and  with  the  like  effect  as 
appeals  are  now  had  by  law  from  judgments  obtained 
in  ju.stices’  courts  except  as  otherwi.se  provided  herein. 

Appeals  may  also  be  had  to  the  .same  court  from  an 
order  granting  a motion  for  a new  trial.  Such  appeal 
iiiii.st  be  taken  within  three  days  of  the  making  of  the 
order  appealed  from.  It  shall  be  taken  in  the  .same 
manner  as  an  appeal  from  a judgment,  and  all  siib.se- 
quent  proceedings  therein  .shall  be  conducted,  as 
near  as  may  be  in  a like  manner  as  in  such  an 
appeal.  The  appellate  court  may  grant  co.sts,  not  ex- 
ceeding ten  dollars,  to  the  successful  party  on  such  an 
appeal.  The  order  of  the  appellate  court  .shall  be 
remitted  to  the  municipal  court  to  be  enforced.  For 
the  purpose  of  an  appeal  to  the  supreme  court,  the  or- 
der of  the  county  court  of  Onondaga  county  made  on 
appeal  from  an  order,  shall  be  deemed  an  order  of 
said  county  court,  except  that  the  order  or  judgment 
made  in  the  supreme  court  shall  be  certified  and 
remitted  to  the  municipal  court  to  be  enforced.  Upon 
an  appeal  from  a judgment,  the  appellate  court,  upon  its 
reversal  may,  in  its  discretion,  order  a new  trial  before 
either  of  the  judges  of  the  municipal  court,  at  a time 
designated,  and  in  such  a ca.se  the  costs  of  the  appeal 
.shall  be  in  the  discretion  of  the  appellate  court.  Any 


204 


LEGISLATIVE  ACTS. 


Costs  to 

perfect 

appeal. 


Clerk  and 
deputy  clerk. 


Docket  of 
court. 


Certified 

copies. 


Duties  of 
clerk  and 
deputy. 


decision  or  opinion  in  writing  filed  by  the  court  or 
either  of  the  judges  thereof,  .shall  upon  an  appeal,  be 
returned  as  a part  of  the  record  of  the  proceedings. 
Co.sts  required  to  be  paid  to  perfect  an  appeal,  under 
.section  three  thou.sand  and  forty -.seven  of  the  Code  of 
Civil  Procedure,  shall  not  include  the  co.sts  awarded  a 
party  under  .section  twenty  of  this  act  as  amended,  but 
upon  judgment  affirming  the  judgment  appealed  from 
such  costs  may  be  included  therein,  except  that  the  per 
centum  allowed  under  subdivisions  two,  three  and  six 
of  .said  section  twenty  of  this  act,  .shall  be  computed 
upon  the  amount  of  damages  awarded  (or  the  value  of 
the  chattels  recovered)  in  the  judgment  of  the  appellate 
court. 

§ 23.  Said  court  .shall  have  a clerk  and  one  deputy 
clerk  to  be  appointed  by  .said  judges,  such  appointment 
to  be  in  writing  and  filed  with  the  clerk  of  Onondaga 
county.  Said  clerk  and  deputy  clerk  shall  take  the 
usual  oath  of  office  and  file  the  same  with  said  county 
clerk  and  shall  hold  said  office  during  the  pleasure  of 
.said  judges,  and  .shall  each  give  bail  for  the  faithful 
performance  of  his  duties  in  such  form  and  for  such 
sum  with  such  surety  as  shall  be  approved  by  .said 
judges  and  file  the  .same  with  the  treasurer  of  .said  city. 
It  shall  be  the  duty  of  .said  clerk  and  deputy  clerk  to 
keep  in  the  docket  of  .said  court  a complete  and  accur- 
ate record  of  all  proce.sses  issued  and  returned  to  said 
court,  and  of  all  proceedings  in  any  action  or  proceed- 
ing brought  in  .said  court,  and  to  enter  therein  the 
jiulgment  and  decision  of  .said  court,  and  .said  docket 
.shall  be  evidence  in  the  courts  of  this  .state  the  .same  as 
the  docket  of  the  justice  court.  The  .said  clerk  may 
make  and  certify  in  the  form  provided  by  law  for 
clerks  of  courts  of  record  of  this  state,  copies  of  the 
entries  in  said  docket  and  of  all  papers  filed  in  .said 
court,  and  said  clerk  and  deputy  clerk  shall  have 
power  to  take  oaths  and  acknowledgments,  the  same 
as  a justice  of  the  peace,  and  .said  clerk  or  deputy  clerk 
.shall  keep  an  accurate  account  of  the  fees  received,  and 
from  whom  and  the  time  of  receiving  the  .snme,  and  fit 
the  end  of  each  month  .shall  deposit  tlie  amount  thereof 


LEGISLATIVE  ACTS. 


205 


with  treasurer  of  the  city  of  Syracuse,  together  with  a 
detailed  statement  of  the  items  thereof,  which  state- 
ment shall  be  verified  by  the  said  clerk  or  deputy  clerk, 
to  be  true  and  correct,  and  to  embrace  all  the  moneys 
paid  into  said  court  or  received  by  said  clerk,  or  by 
said  deputy,  during  the  period  covered  by  said  state- 
ment. It  shall  akso  be  the  duty  of  said  clerk  or  deputy 
clerk  whenever  required  by  said  judges,  or  either  of 
them,  to  take  stenographic  notes  or  minutes  of  any 
trial  had  in  said  court  for  the  convenience  and  use  of 
said  judge  or  judges.  The  said  clerk  or  deputy  clerk  powers  to 
shall  have  the  power,  in  the  absence  of  the  judges  of 
said  court,  to  adjourn  an  action  or  proceeding  return- 
able or  pending  before  said  court,  for  a period  not 
longer  than  eight  days  at  a time.  The  court  shall  have  official  seal 
an  official  seal,  to  be  furnished  by  the  city  on  which 
shall  be  engraved  the  words  “ Municipal  Court  of  Syra- 
cuse ” — “seal”.  The  clerk  of  the  court  shall  have  the 
custody  of  such  seal,  and  any  certificate  made  by  him 
under  his  hand  and  seal  of  the  court  of  any  fact  or 
matter  to  which,  by  this  act,  he  shall  be  entitled  to  Certificates 
certify,  shall  be  received  in  evidence  in  all  courts  and 
places,  and  be  of  the  same  force  and  effect  as  if  the  court 
were  a court  of  record. 

§ 24.  Said  judges  shall  each  be  paid  in  monthly  pay- salaries, 
ments  an  annual  salary  of  the  sum  of  twenty-five  hun- 
dred dollars,  and  shall  receive  for  his  own  use  no  other 
compensation  for  services  as  judge  of  said  court.  Said 
clerk  shall  be  paid  in  monthly  payments  an  annual  sal- 
ary of  one  tliousand  dollars,  and  shall  receive  no  other 
compensation  for  services  as  clerk  of  said  court,  and 
said  deputy  clerk  shall  be  ])aid  in  monthly  payments 
an  annual  salary  of  six  hundred  dollars  and  shall  re- 
ceive no  other  compensation  for  services  as  such  deputy 
cierk  of  said  court. 

§ 25.  From  and  after  the  passage  of  this  act,  no  justice  of 
person  shall  be  elected  to  the  office  of  justice  of  the  ffi  city*! 

peace  in  said  city  of  Syracuse,  and  all  acts  and  parts 
of  acts  inconsistant  with  this  act,  and  all  provisions  of 
the  charter  of  the  city  of  vSyracuse  in  relation  to  justices’ 
courts  in  said  city  inconsistant  with  this  act  are  hereby 
repealed. 


2o6 


LEGISLATIVE  ACTS. 


May  discharge 
duties  of 
police  justices 


Charge  to 
jury. 


§ 26.  Either  judge  of  said  court  may,  in  case  of  the 
absence  from  the  city  or  disability  of  the  police  justice 
of  said  city,  and  if  required,  shall  exercise  all  the 
powers  and  discharge  all  the  duties  of  said  police  jus- 
tice as  required  by  law. 

§ 27.  It  shall  be  the  duty  of  said  judges,  or  either 
of  them,  to  charge  the  jurj^  on  questions  of  law  when- 
ever required  by  any  party  to  an  action  or  his  attorney. 

§ 28.  None  of  the  provisions  of  the  act  of  1894  shall 
apply  to  any  action  or  special  proceeding  commenced 
in  said  municipal  court  before  it  takes  effect. 

§ 29.  The  act  of  1894  shall  take  effect  immediately. 


LEGISLATIVE  ACTS. 


207 


WATER. 

LAW  TO  KSTAIiLISH  AND  MAINTAIN  A WATER  DEPART- 
MENT IN  AND  EOR  THE  CITY  OE  SYRACUSE,  BEING 
CHAPTER  2‘>1  OETHE  LAWS  OF  1«89  AS  AMENDED  BY 
( HAPTER  314  OF  THE  LAWS  OE  1890  AND  CHAPTER 
21  OF  THE  LAWS  OF  1892. 

Section  i . Within  thirty  days  after  the  first  Tiies-  water  com- 
missioners, 

day  in  June,  eighteen  hundred  and  eighty-nine,  the 
mayor  of  the  city  of  Syracuse  shall  appoint  a board  of 
water  commissioners  to  be  known  as  the  ‘ ‘ Syracuse 
Water  Board,”  which  shall  at  all  times  consist  of  six  gimiifications 

and  terms  of 

members,  residents  of  said  city,  three  from  each  of  the 
two  principal  political  parties,  the  first  six  commission- 
ers shall  respectively  hold  office  until  the  first  Tuesday 
in  January,  one  thousand  eight  hundred  and  ninety- 
one,  one  thousand  eight  hundred  and  ninety-two,  one 
thousand  eight  hundred  and  ninety-three,  one  thous- 
and eight  hundred  and  ninety-four,  one  thousand  eight 
hundred  and  ninety-five  and  one  thousand  eight  hun- 
dred and  ninety-six,  when  appointed  their  respective 
terms  of  office  shall  be  designated,  and  so  that  the 
commissioners  whose  terms  of  officers  expire  in  an  even 
year  shall  belong  to  the  same  political  party.  The 
terms  of  office  of  all  other  water  commissioners  at)- ^ 

^ lermotonice. 

pointed  under  this  act,  except  to  fill  vacancies,  shall  be 
six  years,  and  they  shall  be  respectively  appointed  by 
the  mayor  within  twenty  days  prior  to  the  expiration 
of  the  term  of  any  commis.sioner  they  are  appointed  to 

1 r r r 1 Vacancies, 

succeed,  in  case  oi  a vacancy  lor  any  cause,  the  how  filled. 


2o8 


LEGISLATIVE  ACTS. 


Org^anization 
of  board. 


To  appoint 
secretary. 


Record  of 
organization. 


Board  to 
maintain 
system  of 
water  works. 


.May  purchase 
lands,  waters, 
^c. 


mayor  shall  appoint  a commissioner  for  the  unexpired 
term.  Each  commissioner  .shall  hold  office  until  the 
appointment  and  qualification  of  his  successor. 

§ 2.  Within  fifteen  days  after  the  appointment  of 
the  first  six  commissioners,  at  a time  designated  by  the 
mayor,  they  shall  meet  at  the  office  of  the  city  clerk, 
take  and  file  the  oath  of  office  prescribed  by  the  con- 
stitution of  this  state  and  organize  by  electing  one  of 
their  number  president.  They  shall  also  at  the  same 
time,  or  at  a subsequent  meeting,  appoint  and  have  at 
all  times  a secretary,  who  shall  keep  the  books,  records, 
and  accounts  of  the  board,  and  who  shall  hold  office  at 
their  pleasure.  A record  of  the  appointment  and 
qualification  of  the  commissioners  and  of  the  organiza- 
tion of  the  board  shall  be  kept  by  the  city  clerk,  and 
notice  thereof  in  writing  shall  be  given  to  the  city 
treasurer. 

§ 3.  The  said  vSyracuse  Water  Board  is  hereby  author- 
ized and  directed,  for  and  in  the  name  of  the  city  of 
Syracuse,  to  accpiire,  construct,  maintain,  control  and 
operate  a system  of  water  works  to  furnish  the  city  of 
vSyracuse  and  its  inhabitants  with  water  from  Skane- 
ateles  lake,  and  may  employ  engineers,  surveyors, 
superintendents,  officers,  agents  and  such  other  persons 
as  may  be  necessary  for  that  purpose,  and  fix  their 
compensation  and  terms  of  employment.  The  board 
may  also  contract  for,  purchase  and  acquire  by  deed  or 
otherwise,  in  the  name  of  the  city  of  Syracuse,  alb 
lands,  waters,  easements,  property,  tenements,  heredit- 
aments, rights,  privileges  and  franchises,  and  any  fonn- 


LEGISLATIVE  ACTS. 


209 

tains,  dams,  mains,  pipes,  conduits,  hydrants,  machin- 
ery and  all  other  real  and  personal  property  whatsoever 
necessary  for  the  acquisition,  construction,  maintenance, 
control  and  operation  of  said  water  works,  and  to  con-  May  contract 

^ for  work. 

tract  for  the  execution  of  said  work  or  any  part  thereof, 
and  for  supplying  any  and  all  necessary  materials 
therefor.  Said  board  may  also  acquire  the  property,  Vay  acquire 
rights  of  property  and  franchises  owned  or  possessed  ^J^poration. 
by  any  existing  corporation  or  company  organized  to 
supply  the  city  of  Syracuse  and  its  inhabitants  with 
water,  or  having  or  claiming  any  right  so  to  do,  and 
control,  maintain  and  operate  the  same.  The  title  to  Title  how 

vested. 

any  and  all  property  acquired  pursuant  to  this  act  shall 

vest  and  be  in  the  city  of  Syracuse.  The  board,  its  May  enter 

upon  lands, 

officers,  agents  and  employees  are  authorized  to  enter  surveys, 
upon  any  lands  or  waters  for  the  purpose  of  making 
such  surveys,  examinations  and  investigations  as  shall 
seem  to  them  necessary  in  the  faithful  performance  of 
their  duties. 

§4.  In  case  the  Syracuse  Water  Board  shall  be  un- Hoard  may 

acquire 

able  to  acquire  by  purchase  any  propert}^  necessary  for  ^ 

the  acquisition,  construction,  maintenance,  control  and 
operation  of  the  system  of  water  works  contemplated 
by  this  act,  including  the  property,  rights  of  property, 
privileges  and  franchises  owned  or  possessed  by  any 
corporation  or  company  organized  to  supply  said  city 
of  Syracuse  and  its  inhabitants  with  water,  or  having 
or  claiming  any  right  so  to  do,  it  is  hereby  authorized 
to  acquire  the  same  in  the  manner  following : 


14 


2 10 


LEGISLATIVE  ACTS. 


Petition  to 
court,  for 
appointment 
of  appraisal 
commissioners 


Statements 

therein. 


5 . The  board  may  present  its  petition  to  the  supreme 
court  at  a general  or  special  term  thereof,  held  in  the 
fifth  judicial  district,  praying  for  the  appointment  of 
commissioners  of  appraisal  to  ascertain  and  determine 
the  amount  of  compensation  which  ought  justly  to  be 
made  to  either  or  any  of  the  owners  or  persons  inter- 
ested in  any  or  all  of  the  property,  rights,  privileges 
and  franchises  deemed  necessary  by  the  board.  Such 
petition  shall  be  signed  and  verified  by  a member  of 
the  board.  It  shall  contain  a description  of  the  prop- 
erty sought  to  be  acquired,  and  must  state  in  effect 
that  the  property  is  requisite  to  the  acquiring,  con- 
structing, improving,  maintaining,  controlling  or  oper- 
ating said  water  works ; that  the  board  has  not  been 
able  to  acquire  title  thereto,  and  the  reason  of  such 
inability.  It  must  also  state  the  names  and  places  of 
residences  of  the  owners  or  parties  interested  in  the 
property  sought  to  be  acquired,  so  far  as  the  same  can 
by  reasonable  diligence  be  ascertained.  If  any  such 
persons  are  infants,  their  ages  as  near  as  may  be,  must 
be  stated ; if  any  are  idiots  or  persons  of  unsound 
mind,  or  unknown,  that  fact  must  be  stated,  together 
with  such  other  allegations  and  statements  of  liens  or 
incumbrances  as  the  board  may  see  fit  to  make. 


Petition 
how  served. 


§6.  A copy  of  such  petition,  with  a notice  of  the 
time  and  place  when  and  where  the  same  will  be  pre- 
sented to  the  court,  must  be  served  on  all  persons 


whose  interests  are  to  be  affected,  at  least  ten  days 
Upon  prior  to  its  prevSentation  to  the  court.  If  the  person 

unknown 

owners,  or  upon  wlioiii  sucli  service  is  to  be  made  resides  in  this 

non-residents. 


LEGISLATIVE  ACTS. 


2 I I 


state,  and  is  not  an  infant,  idiot  or  person  of  unsound 
mind,  service  of  a copy  of  the  petition  and  notice  must 
be  made  upon  him  personally,  or  by  leaving  the  same 
at  his  usual  place  of  residence  with  some  person  of 
suitable  age.  If  the  person  on  whom  such  service  is 
to  be  made  resides  out  of  the  state,  or  is  unknown,  or 
his  residence  cannot  by  reasonable  diligence  be  ascer- 
tained, such  service  must  be  made  by  delivering  to 
such  person  personally  or  by  leaving  at  his  last  place 
of  residence,  if  known,  a copy  of  such  petition  and 
notice,  at  least  twenty  days  before  presenting  the  same 
to  the  court ; or  such  service  may  be  made  by  publish-  service  by 

^ publication 

ing  a notice,  stating  briefly  the  object  of  the  applica- 
tion  and  giving  a description  of  the  land  or  other  prop- 
erty to  be  taken,  in  two  daily  newspapers  published  in 
the  city  of  Syracuse,  twice  a week  for  three  successive 
weeks ; and  by  depositing  a copy  of  the  petition  and 
notice  in  the  post-office  at  Syracuse,  New  York,  prop- 
erly folded  and  directed  to  such  person  at  his  post-office 
address,  if  the  same  can  be  ascertained ; and  if  not,  at 
the  post-office  at  or  nearest  his  last  place  of  residence, 
at  least  twenty  days  before  presenting  such  petition  to 

the  court,  and  paying  the  postage  thereon.  If  such  Service  upon 

infants. 

person  is  an  infant,  and  resides  in  this  state,  service 
shall  be  made  as  aforesaid,  upon  his  general  guardian, 
if  he  has  one,  and  on  such  infant  personally,  if  over 
the  age  of  fourteen  years;  if  under  that  age,  then  upon 
the  person  who  has  the  care  of  or  with  whom  such 
infant  resides.  If  the  person  to  be  served  is  an  idiot  Upon  idiots. 

etc. 

or  of  unsound  mind,  and  resides  in  this  state,  .service 
may  be  made  upon  the  committee  of  his  person  or 


2 12 


LEGISLATIVE  ACTS. 


Service  in 
other  cases. 


Court  may 
appoint 
Guardians, 
for  infants, 
etc. 


Duty  of 
guardians, 
committees, 
etc. 


Rights  of  un- 
known own- 
ers, how 
protected. 


Proceedings, 

etc. 


estate ; if  he  has  no  committee,  then  upon  the  person 
who  has  the  care  and  charge  of  such  person.  In  all 
cases  not  herein  provided  for,  service  of  the  petition, 
notice  and  other  papers  in  the  proceedings  authorized 
by  this  act,  shall  be  made  as  the  supreme  court  in  the 
fifth  judicial  district,  or  a judge  thereof,  shall  direct. 

§ 7.  In  case  any  party  to  be  affected  by  the  pro- 
ceedings hereby  authorized  is  an  infant,  idiot,  or  per- 
son of  unsound  mind,  and  has  no  general  guardian  or 
committee,  the  court  to  which  such  petition  shall  be 
presented,  shall,  before  taking  any  proceedings  thereon, 
appoint  a special  guardian  to  attend  to  the  interest  of 
such  person.  If  a general  guardian  or  committee  has 
been  appointed  for  such  person  in  this  state,  it  shall  be 
his  duty  to  attend  to  the  interest  of  such  infant,  idiot, 
or  person  of  unsound  mind  in  such  proceeding.  The 
court  may  require  such  security  to  be  given  by  such 
general  or  special  guardian  or  committee  as  it  may 
deem  necessary  to  protect  the  rights  of  such  ‘infant, 
idiot,  or  person  of  unsound  mind.  All  notices  required 
to  be  served  in  the  progress  of  the  proceedings,  may  be 
served  on  such  guardian  or  committee.  Any  person 
may  appear  in  such  proceedings  by  attorney,  and  all 
papers  shall  be  .served  at  the  place  designated  by  him. 
The  court  .shall  appoint  .some  competent  attorne}’  to 
appear  for  and  protect  the  rights  of  any  party  in  inter- 
e.st  who  is  unknown,  and  who  has  not  appeared  in  the 
proceedings  by  an  attorney  or  agent. 

§ 8.  On  presenting  such  petition  to  the  .supreme 
court,  as  aforesaid,  with  proof  of  .service  of  a copy 


LEGISLATIVE  ACTS. 


213 


thereof  and  notice  aforesaid,  any  of  the  persons  whose 
estates  or  interests  are  to  be  affected  by  the  proceed- 
ings, may  show  cause  against  granting  the  prayer  of 
the  petition,  and  may  to  that  end  disprove  any  of  the 
facts  alleged  therein ; the  court  shall  hear  the  proofs 
and  allegations  or  the  parties,  and  if  no  sufficient  cause 
is  shown  against  granting  the  prayer  of  the  petition,  it 
shall  make  an  order  for  the  appointment  of  three  dis- 
interested and  competent  freeholders,  residents  of  the 
State  of  New  York,  as  commissioners  to  ascertain  and 
determine  the  compensation  which  ought  justly  to  beappndsa/. 
made  to  the  owners  or  persons  interested  in  the  prop- 
erty so  to  be  acquired,  and  shall  fix  the  time  and  place 
for  the  first  meeting  of  such  commissioners.  The  com-  official, 

" powers,  and 

missioners  .shall  take  and  subscribe  the  oath  prescribed 
by  the  twelfth  article  of  the  constitution.  Any  of  them 
may  issue  subpoenas  and  administer  oaths  to  witnesses. 

A majority  of  them  may  adjourn  the  proceedings  from 
time  to  time  in  their  discretion.  They  shall  view  the 
premises  described  in  the  petition,  hear  the  proofs  and 
allegations  of  the  parties,  and  reduce  the  testimony 
taken  by  them,  if  any,  to  writing,  and  after  the  testi- 
mony is  taken  and  closed  in  such  proceedings,  they,  or 
a majority  of  them,  all  being  present  or  having  notice 
of  the  meeting  to  the  end  that  they  may  be  present, 
shall  without  unnecessary  delay,  ascertain  and  deter- 
mine the  compensation  which  ought  justly  to  be  made 
to  either  or  any  of  the  owners  or  persons  interested  in 
the  property  so  sought  to  be  acquired.  They  or  a 
majority  of  them  shall  also  determine  what  sum  ought 
to  be  paid  to  the  general  or  special  guardian  or  com- 


214 


LEGISLATIVE  ACTS. 


mittee  of  any  infant,  idiot,  or  person  of  unsound  mind, 
or  attorney  appointed  to  attend  to  the  interests  of  any 
unknown  owner  or  party  in  interest  not  personally 
served  with  notice  of  the  proceeding  and  who  has  not 
Report  of  their  appeared,  for  his  costs  and  expenses.  They  shall  make 

proceedings. 

a report  of  their  proceedings  to  the  supreme  court,  with 
the  minutes  of  the  testimony  taken  by  them.  The 
Compensa-  compensation  to  which  they  each  shall  be  entitled,  shall 

tion. 

be  fixed  by  the  court,  and  such  compensation,  together 
with  their  necessary  expenses,  shall  be  paid  by  the 
Syracuse  Water  Board.  When  the  owners  or  persons 
interested  in  the  property  sought  to  be  acquired,  shall 
have  awarded  to  them  an  amount  not  exceeding  the 
compensation  offered  by  the  board,  the  cost  and  expen- 
ses of  such  proceedings  or  any  part  thereof  to  be  fixed 
by  the  court  may  be  deducted  from  such  award,  and 
proof  of  the  amount  of  compensation  offered  by  the 
board  may  be  made  b}^  affidavit  to  the  court  upon  the 
application  for  the  confirmation  of  the  report  of  the 
appraisers,  as  hereinafter  provided 


Change  of 
ownership. 


§9.  When  any  proceedings  of  appraisal  under  this 
act  shall  have  been  commenced,  no  change  of  owner- 
ship shall  in  any  manner  affect  such  proceedings. 


Notice  of  § lo-  such  report  being  made  by  the  commis- 

application  for  . 

confirmation  sioiiers,  the  board  may  give  notice  to  the  owners  or 

of  report.  ^ 

parties  interested,  or  their  attorneys,  according  to  the 
rules  and  practice  of  the  supreme  court,  that  applica- 
tion will  be  made  to  the  court  at  a general  or  special 
term  thereof  to  be  held  in  the  fifth  judicial  district,  for 
the  confirmation  of  such  report,  and  the  court  shall 


Action  of 
court. 


LEGISLATIVE  ACTS. 


215 


thereupon  confirm  the  same,  and  shall  make  an  order 
containing  a recital  of  the  substance  of  the  proceedings, 
a description  of  the  property  appraised,  and  shall  direct 
to  whom  the  money  shall  be  paid,  or  in  what  bank  and 
in  what  manner  it  shall  be  deposited  by  the  board. 

§ II.  A certified  copy  of  the  order  so  made  shall  be 

recorded  in  the  clerk’s  office  of  the  county  in  which 

the  property  described  is  situated,  and  thereupon  and 

on  the  payment  or  deposit  by  the  board  of  the  sums  to 

be  paid  as  compensation  for  the  property,  and  for  costs 

and  expenses,  as  directed  by  the  order,  the  board  shall  Ri^ht  to  enter 

and  use  lands, 

be  entitled  to  enter  upon,  take  possession  of,  and  use®^^' 
the  property  for  the  purposes  of  the  water  works  afore- 
said ; and  all  persons  who  have  been  made  parties  to 
the  proceedings  shall  be  divested  of  all  right,  estate, 
title  and  interest  in  or  to  the  same.  All  property  Title  how 

. vested. 

acquired  pursuant  to  the  provisions  of  this  act  shall  be 
deemed  to  be  acquired  for  public  use,  and  the  title 
thereto  shall  vest  in  the  city  of  Syracuse.  Within  Appeals  from 

report. 

twenty  days  after  the  confirmation  of  the  report,  either 
party  may  appeal,  by  notice  in  writing  to  the  others, 
to  the  supreme  court,  from  the  appraisal  and  report  of 
the  commissioners.  Such  appeal  shall  be  heard  by  the  Proceedings 

upon  appeal. 

supreme  court  at  a special  or  general  term  thereof  to  be 
held  in  the  fifth  judicial  district,  on  the  usual  notice  re- 
quired by  the  rules  and  practice  of  the  court.  On  the 
hearing  of  such  appeal,  the  court  may  direct  a new 
appraisal  before  the  same  or  new  commissioners,  in 
its  discretion.  The  second  report  shall  be  final  and  Second  report 

of  appraisers, 

conclusive  on  all  parties  interested.  If  the  amount 


LEGISLATIVE  ACTS. 


Effect  of 
appeals. 


Payment 
of  awards,  in 
certain  cases. 


Appraisals, 
power  of 
court  to  give 
effect  to. 


216 

compensation  to  be  made  by  the  board  is  increased  by 
the  second  report,  the  difference  shall  be  paid  by  the 
board  to  the  parties  entitled  thereto,  or  deposited  in  the 
bank  as  the  court  shall  direct.  If  the  amount  is  dimin- 
ished, the  difference  shall  be  refunded  to  the  board  by 
the  party  to  whom  the  same  may  have  been  paid,  and 
judgment  therefor  may  be  rendered  by  the  court  on  the 
filing  of  the  second  report,  against  the  party  liable  to 
pay  the  same.  No  appeal  shall  affect  the  possession  or 
right  of  possession  or  use  by  the  board  of  the  property 
so  appraised,  and  when  an  appeal  is  taken  by  others 
than  the  board,  it  shall  not  be  heard  except  upon  stipu- 
lation of  the  party  appealing  not  to  disturb  such  pos- 
session. 

§ 12.  If  there  are  adverse  and  conflicting  claimants 
to  the  money,  or  any  part  of  it,  to  be  paid  as  compensa- 
tion for  the  property  taken,  the  court  may  direct  the 
moneys  to  be  paid  into  court,  and  may  determine  who 
is  entitled  to  the  same,  and  to  whom  the  same  shall  be 
paid,  in  a summary  manner,  and  may  order  a reference 
to  ascertain  the  facts  on  which  such  determination  and 
order  .shall  be  made. 

§ 13.  In  case  of  appraisal  under  this  act,  the  court 
shall  have  power  to  make  all  necessary  orders  and 
directions  to  carry  into  effect  the  object  and  intent  of 
this  act,  and  to  compel  the  delivery  to  the  board  of  the 
possession  and  control  of  all  property  or  rights  acquired 
thereby.  The  practice  in  such  cases  shall  conform  as 
nearly  as  may  be  to  the  ordinary  practice  of  said  court. 


LE(]ISLATIVE  ACTS. 


2 I 7 

^ 14.  When  the  mode  or  manner  of  conducting  any  Further 
■ ^ powers  or 

proceedings  for  the  appraisal  of  property  sought  to  be 
taken,  and  the  proceedings  consequent  thereon,  are  not 
expressly  provided  for  in  this  act,  the  court  before 
whom  such  proceedings  are  pending  shall  have  power 
to  make  all  necessary  orders  to  that  end.  And  the 
court  shall  also  have  power  at  any  time  to  amend  any 
defect  or  informality  in  any  of  the  proceedings  author- 
ized by  this  act,  or  to  cause  new  parties  to  be  added 
and  other  notices  to  be  given  to  any  party  in  interest  as 
it  may  deem  proper,  and  shall  also  have  power  to  ap- 
point commissioners  in  place  of  any  who  shall  die,  re- 
fuse or  neglect  to  serve,  or  be  incapable  of  serving. 

§ 15.  The  Syracuse  Water  Board  shall  have  power  to  water  board 

may  enter  into 

make  all  contracts  necessary  or  incidental  to  the  execu-  contract, 
tion  of  the  powers  conferred  by  this  act,  but  no  con- 
tract or  agreement  requiring  an  expenditure  of  more 
than  five  hundred  dollars  shall  be  entered  into,  except 
for  the  employment  of  officers,  agents  and  other  em- 
ployees of  the  board,  without  first  advertising  at  least  proposals  to 

. 1 r • 1 • advertised. 

twice  a week  tor  two  successive  weeks  111  two  or  more 
of  the  daily  newspapers  published  in  the  city  of  Syra- 
cuse, for  proposals  to  enter  into  contract  for  the  work  or 
materials  required ; and  all  such  contracts  shall  be  let  contracts  to 

be  let* 

to  the  lowest  bidder  who  shall  furnish  such  security  for 
faithful  performance  as  shall  be  approved  b}^  the  board  ; 
but  the  board  may  reject  such  bids  in  its  discretion  and  Ri^ht  to 
re-advertise  for  proposals.  A copy  of  each  proposal  re- 
ceived and  of  every  contract  entered  into  by  the  board,  contract  how 

filed. 

shall  be  filed  with  the  city  clerk. 


Board  not  to 
be  interested 
in  contracts. 


Use  of  public 
streets,  etc. 


Proviso. 


Board  may 
take  water 
from 

Skaneateles 

lake. 


Increase  of 
storage 
capacity  of 
lake. 


218  LEGISLATIVE  ACTS. 

§ 16.  No  member  of  the  board,  or  any  of  its  officers,, 
or  any  officer  of  the  city  of  Syracuse,  shall  be  directly 
or  indirectly  interested  in  any  contract  relating  to  the 
work  done  for  or  materials  furnished  to  the  board,  as 
such ; and  any  violation  of  this  provision  shall  be  a 
misdemeanor.  No  member  of  the  board  shall  receive 
any  compensation  for  his  services  as  such. 

§ 17.  The  Syracuse  Water  Board,  and  all  persons 
acting  under  its  authority  and  direction,  shall  have  the 
right  to  enter,  appropriate,  occupy  and  use  any  public 
street,  highway,  square,  avenue,  road  or  other  public 
ground  for  the  purpose  of  constructing,  maintaining 
and  operating  water  works  for  supplying  the  city  of 
Syracuse  with  water,  and  for  all  the  other  purposes  of 
this. act;  but  the  board  shall  in  all  cases,  restore  such 
public  street,  highway,  square,  avenue,  road  and  other 
public  ground  to  its  former  state  of  usefulness. 

§ 18.*  The  Syracuse  Water  Board  is  hereby  author- 
ized, under  the  restrictions  and  conditions  hereinafter 
mentioned  to  take  and  conduct  water  not  required  for 
the  Erie  canal,  from  Skaneateles  lake,  to  said  city, 
through  a pipe  or  main  not  exceeding  thirty  inches  in 
diameter,  for  the  purpose  of  supplying  said  city  and  its 
inhabitants  with  water.  Before  any  water  shall  be  so 
taken,  however,  the  water  board  shall,  at  the  cost  and 
expense  of  said  city,  increase  the  storage  capacity  of 
said  lake  sufficiently  to  store  therein  all  the  ordinary 
flow  of  its  water  shed ; the  fact  of  such  necessary  re- 

*As  amended  by  chap.  314  of  Laws  of  1890. 


LEGISLATIVE  ACTS. 


219 


construction  having  been  made  shall  be  certified  by  the 
state  engineer  and  surveyor  and  superintendent  of 
public  works  and  filed  in  the  office  of  superintendent 
of  public  works.  All  the  work  authorized  by  this  work,  how 

^ executed. 

section,  including  the  placing  and  maintenance  of  said 
pipe,  shall  be  executed  under  the  direction,  supervision 
and  control  of  the  superintendent  of  public  works, 
and  in  accordance  with  the  plans  and  specifications 
therefor  to  be  prepared  or  approved  by  the  state  engi- 
neer and  surveyor.  The  dam  and  all  structures  con-  Dam,  etc. 
nected  therewith,  together  with  the  regulation  at  all 
times  of  the  ffow  of  water  from  said  lake  into  the  afore- 
said pipe,  shall  be  and  continue  in  the  exclusive  charge 
and  control  of  the  superintendent  of  public  works,  and 
shall  be  maintained  and  kept  in  repair  by  or  under  the 
direction  of  said  superintendent,  at  the  cost  and  ex- 
pense of  the  city  of  Syracuse.  This  section  shall  be 
construed  to  vest  in  the  state  engineer  and  surveyor 
the  power  to  prescribe  the  plan  of  construction  and 
location  of  the  gate-house  or  other  means  for  delivering  Location  of 

1 -r  r gUtellOUSe. 

the  water  01  said  lake  into  said  pipe  ; and  it  for  any 

reason  the  flow  of  water  into  said  pipe  shall  prevent  the 

State  from  having  a sufficient  quantity  for  all  the  uses 

of  the  Erie  canal,  the  said  superintendent  of  public  piow  of  water 

works  is  authorized  and  required  to  stop  the  flow  of  stopped. 

water  into  said  pipe  in  whole  or  in  part  so  far  as  may 

be  necessary  in  his  judgment  to  secure  such  sufficient 

quantity  ; it  being  understood  that  the  rights  of  the  city  Rights  of  city. 

of  Syracuse  hereby  conferred  in  and  to  such  surplus 

waters,  are  to  be  subject  always  to  the  superior  claims 


220 


LEGISLATIVE  ACTS. 


Extinguish- 
ment of  water 
rights. 


State  to  be 
saved  harm- 
less. 


Powers  of  city 
to  acquire 
property,  etc. 


iMaps.  etc.,  to 
be  taken  and 
hied. 


Amended 

map. 


of  the  State  thereto.  Before  any  water  shall  be  taken 
from  Skaneateles  lake  under  the  provisions  of  this  act, 
the  city  of  Syracuse  shall  acquire  or  extinguish  all 
water-power  rights  upon  the  outlet  of  said  lake  to  be 
affected  by  the  proposed  storage  of  water.  The  city  of 
Syracuse  shall  at  all  times  protect  and  save  harmless 
the  State  of  New  York  from  and  against  all  claims  and 
demands  of  riparian  owners  upon  said  lake  and  outlet 
for  loss  or  damage  occasioned  by  any  act  or  structure 
authorized  hereby.  The  powers  granted  to  the  Syra- 
cuse Water  Board  to  acquire  property  under  this  act, 
and  to  make  payment  therefor,  shall  be  deemed  to 
include  full  power  and  authority  to  do  and  perform  all 
acts  and  things  necessary  or  proper  to  enable  said  city 
to  acquire,  store  and  obtain  water  from  Skaneateles 
lake  in  accordance  with  the  provisions  of  this  section. 

§ 19.  It  shall  be  the  duty  of  the  Syracuse  Water 
Board,  as  soon  as  practicable,  to  make  a map  and  pro- 
file showing  the  proposed  location  of  the  conduit  line, 
and  all  lands,  waters,  inlets,  reservoirs,  stations  and 
other  structures  to  be  used  for  or  in  connection  with 
the  system  of  water  works  herein  provided  for,  which 
shall  embrace  a full  and  complete  system  of  conduits, 
mains  and  pipes  for  the  distribution  of  water  through- 
out all  parts  of  the  city,  and  the  location  of  all  hydrants, 
fountains,  standpipes,  and  other  structures  for  the  use 
of  the  city.  Copies  of  this  map  and  profile,  dul}^  certi- 
fied by  the  president  and  engineer  of  the  board,  shall 
be  filed  in  the  office  of  the  clerk  of  the  city,  and  in  the 
office  of  the  clerk  of  the  county  of  Onondaga.  If  at 


lecjislativp:  acts. 


22 


any  time  the  board  shall  change  the  plan  shown  upon 
said  map  and  profile,  an  amended  map  shall  be  made 
and  duly  certified  and  filed  as  aforesaid. 

§ 20."^  Whenever  the  Syracuse  Water  Board  shall 
consider  it  necessary  that  any  bonds  of  the  city  of 
Syracuse  shall  be  issued  for  the  purpose  of  this  act,  it 
shall  certify  to  the  mayor  and  common  council  of  the 
city  the  amount  so  desired  and  the  purpose  or  pur- 
poses for  which  required ; whereupon  it  shall  be  the  issue  thereof, 
duty  of  the  mayor  and  common  council,  by  resolution, 
to  cause  bonds  for  the  amount  so  certified  to  be  issued 
in  the  name  and  upon  the  credit  of  the  city  of  Syracuse, 
which  shall  be  executed  by  the  mayor  under  the  cor- 
porate seal  of  the  city,  and  countersigned  by  the  city 
clerk.  Provided,  however,  that  the  aggregate  amount 
of  bonds  issued  under  the  provisions  of  this  act  shall 
not  in  any  event  exceed  the  sum  of  three  million  dol- 
lars. All  such  bonds  shall  be  paj^able  on  the  first  day  when  payable 
of  July,  nineteen  hundred  and  twenty.  Such  bonds  interest, 
shall  bear  intere.st  at  a rate  to  be  determined  by  the 
water  board,  not  exceeding  four  per  centum  per 
annum,  payable  semi-annually,  and  may  be  either 
registered  or  coupon  bonds  or  both,  and  of  such  de- 
nominations and  payable  at  such  place  or  places  as  the 
common  council  may  direct  by  resolution.  Upon  the  Proposals  for 

piTfchase  of 

passage  of  any  resolution  authorizing  an  issue  of  such  bonds, 
bonds,  the  city  treasurer  shall  properly  advertise  for 
propo.sals  for  the  purcha.se  of  such  bonds,  and  shall 
sell  them  to  the  party  or  parties  offering  to  pay  the 

*As  amended  by  chap.  27  of  the  Laws  of  1892. 


222 


LEGISLATIVE  ACTS. 


Acceptance 

thereof. 


Delivery  to 
purchaser. 


Water  fund. 


Payments 

therefrom. 


Transfer  of 
funds. 


highest  price  therefor  but  not  less  than  par.  Upon 
the  acceptance  of  any  proposal  for  the  purchase  of  such 
bonds  the  city  treasurer  shall  immediately  deposit  the 
same  with  a bank  or  trust  company  designated  by 
resolution  of  the  common  council,  with  a statement  of 
the  terms  of  sale.  Upon  payment,  in  accordance  with 
^such  terms,  said  bank  or  trust  company  shall  deliver 
such  bonds,  duly  countersigned  by  it,  to  the  purchaser. 
Thereupon  such  bonds  shall  become  valid  obligations 
of  the  city  of  Syracuse,  and  the  faith  and  credit  of  the 
city  is  hereby  pledged  for  the  payment  thereof  and  the 
interest  thereon.  The  payment  so  received  and  all 
interest  which  may  accrue  thereon  shall  be  placed  by 
the  said  bank  or  trust  company  to  the  credit  of  the  city 
of  Syracuse  water  fund.  No  part  of  such  moneys 
shall  be  paid  out,  except  upon  the  written  order  of  the 
Syracuse  Water  Board,  signed  by  the  president  thereof, 
and  countersigned  by  the  city  treasurer.  No  order  for 
the  payment  of  such  moneys  shall  be  issued  except 
upon  the  resolution  of  the  board,  duly  entered  upon  its 
minutes,  a certified  copy  whereof  shall  be  filed  with 
the  city  treasurer.  The  voucher  or  other  paper  on 
account  of  which  such  order  is  issued  shall  be  filed 
with  the  secretary  of  the  board,  and  shall  bear  a num- 
ber corresponding  with  the  number  of  the  order  issued 
thereon ; the  board  may,  however,  at  any  time,  by 
resolution  and  order  issued  in  the  manner  aforesaid, 
transfer  any  funds  from  any  bank  or  trust  company  to 
any  other  bank,  or  banks  or  trust  company  which 
shall  have  been  approved  by  the  common  council  as 
depositories  of  the  funds  of  the  Syracuse  Water  Board. 


LEGISLATIVE  ACl'S. 


223 


The  funds  so  transferred,  and  all  interest  accruing 
thereon,  shall  be  held  and  paid  out  by  such  bank  or 
banks  or  trust  company  only  in  the  manner  above 
provided.  The  amount  of  moneys  on  deposit  at  any  Deposits^with 
time  with  any  such  bank  or  banks  or  trust  company  restricted, 
shall  not  exceed  thirty  per  cent  of  the  full  paid 
capital  stock  and  surplus  of  any  such  bank  or  banks  or 
trust  company.  Upon  the  passage  of  any  resolution  outi^es  of  city 
authorizing  the  issue  of  bonds  under  this  act,  the  city  treasurer, 
clerk  shall  forthwith  transmit  a certified  copy  .thereof 
to  the  secretary  of  the  water  board.  Upon  the  sale  of 
any  such  bonds,  the  city  treasurer  shall  forthwith 
transmit  to  the  secretary  of  the  water  board  a statement 
showing  the  amount  of  bonds  sold  and  the  amount 
realized  thereon,  and  shall  also  furnish  to  the  city  clerk 
a detailed  statement  showing  the  date,  number  and 
denomination  of  each  bond  sold,  the  price  realized,  the 
name  of  the  purchaser,  and  the  expen.ses  of  such  sale. 

§ 2 [ . The  proceeds  of  all  bonds  issued  under  the  pro-  iToceeds  from 

^ sale  of  bonds. 

visions  of  this  act  shall  be  used  and  applied  by  the 
Syracuse  Water  Board  .solely  for  the  acc[uisition  and 
construction  of  the  system  of  water  works  herein  pro- 
vided for,  and  for  the  purpose  of  acquiring  property, 
rights,  privileges  and  franchises  therefor  or  to  be  used 
in  connection  therewith,  and  for  providing  a compen- 
sating water  supply  for  the  Brie  canal  as  specified  in 
section  eighteen  of  this  act,  and  in  no  case  for  the  opera- 
tion or  management  of  the  water  works  or  for  any  other 
purpose  whatsoever. 


224 


LEGISLATIVE  ACTS. 


Water  rates, 
how  fixed. 


Deposit  of 
income. 


Collections  for 
water  and 
income,  how 
applied. 


Surplus,  how 
applied. 


Incurring- 

obligations. 


§ 22.  The  Syracuse  Water  Board  shall  from  time  to 
time  fix  and  determine  the  water  rates  to  be  paid  by  all 
consumers  of  water,  inc’uding  a just  annual  rate  to  be 
paid  by  the  city  at  large  on  account  of  the  use  of  water 
for  municipal  purposes.  All  moneys  and  income  which 
shall  be  received  by  the  board  for  water  or  on  account 
of  said  system  of  water  works  shall  be  deposited  to  the 
credit  of  the  ‘ ‘ city  of  Syracuse  water  fund  ’ ’ in  the  bank 
or  banks  or  trust  company  designated  by  resolution  of 
the  common  council,  and  shall  be  paid  out  only  as  pro- 
vided by  section  twenty  of  this  act. 

§ 23.  All  moneys  collected  by  the  board  for  water, 
and  any  and  all  other  income  which  it  may  receive  for 
or  on  account  of  said  system  of  water  works,  or  from 
other  property,  rights,  privileges  or  franchises  connected 
therewith,  shall  be  devoted,  first  to  the  pa3Tnent  of  the 
necessary  cost  of  the  operation,  management  and  main- 
tenance of  works ; second,  to  the  payment  of  all  sums 
of  interest  when  and  as  the  same  shall  become  due  and 
payable,  upon  any  bonds  issued  under  the  provisions  of 
this  act ; third,  to  the  payment  of  the  cost  of  necessary 
extensions  and  additions.  Af  ter  all  such  obligations  shall 
have  been  paid  and  discharged  if  there  shall  remain  any 
surplus  of  income  it  shall  be  applied  to  the  purchase  or 
payment  of  the  bonds  issued  pursuant  to  the  provisions 
of  this  act,  and  any  bonds  .so  purchased  or  paid  sl:all  be 
marked  cancelled  by  the  Syracuse  Water  Board,  and 
shall  be  delivered  to  the  treasurer  of  the  city. 

^24.  No  obligation  shall  be  incurred  or  money  ex- 
pended, or  issue  of  bonds  demanded  under  this  act,  by 


LEGISLATIVE  ACTS. 


225 


the  Syracuse  Water  Board,  except  by  resolution  duly 
passed  by  a majority  of  the  members  of  the  board.  In 
every  case  the  vote  shall  be  taken  by  yeas  and  nays, 
and  every  such  resolution  and  the  vote  thereon  shall  be 
recorded  in  full  in  the  minutes  of  the  board. 

§ 2S.  Any  and  all  actions  and  proceedings  authorized  Actions,  how 

Jr'  & brought  by 

by  this  act  shall  be  brought,  taken  and  instituted  by  board 
the  Syracuse  Water  Board  in  the  name  of  the  city  of 
Syracuse ; and  all  actions,  suits  or  other  legal  proceed- 
ings brought,  instituted  or  commenced  by  any  person 
or  corporation,  on  account  of  any  act  or  thing  done  or 
omitted  by  said  board,  shall  be  brought,  instituted  and 
commenced  against  the  city  of  Syracuse,  in  its  name, 
and  shall  be  defended  by  it  under  the  direction  of  the 
board ; and  all  such  claims  and  demands  may  be  com- 
promised and  paid  by  said  board,  and  any  final  judg- 
ment recovered  thereon  shall  be  satisfied  by  it.  Such 
payments  to  be  made  only  in  the  manner  hereinbefore 
provided.  No  commissioner  appointed  under  this  act  No  personal 

liability  by 

shall  be  personally  liable  for  any  act  done  in  the  per-  commissioners 
formance  of  his  official  duty. 

§ 26.  The  books,  record,  vouchers,  contracts  and  all  Records  of 

board  open  to 

other  papers  kept  by  the  Syracuse  Water  Board,  or  in  "^^pection. 
their  possession  or  under  their  control  shall  at  all  rea- 
sonable times  be  subject  to  inspection  by  any  officer  or 
duly  authorized  agent  of  the  city  of  Syracuse.  The 
. board  shall  on  or  before  the  first  day  of  August  in  each  Report  to 

council. 

year,  and  at  such  other  times  as  the  mayor  and  common 
council  may  require,  prepare  and  deliver  to  the  mayor 
and  common  council  reports  which  shall  show  full  and 


226 


LEGISLATIVE  ACTS. 


in  detail  the  situation  and  condition  of  the  board,  its  re- 
ceipts from  all  sources  and  its  disbursements  during  the 
year  and  any  and  all  obligations  which  it  has  incurred 
and  claims  made  against  it  and  remaining  unpaid,  the 
amount  of  work  done  by  it  and  the  condition  of  such 
work,  and  shall  furnish  at  all  times  such  other  or  further 
information  as  to  the  business  and  affairs  of  the  board 
as  may  be  required  by  the  mayor  and  common  council. 


“Water  works 
record,”  how 
kept  by  city 
clerk.  . 


Record  to  be 
kept  by  city 
treasurer. 


§ 27.  The  city  clerk  of  the  city  of  Syracuse  is  hereby 
authorized  and  directed  to  prepare  and  at  all  times  keep 
a book,  which  shall  be  known  and  designated  as  ‘ ‘ water 
works  record,  ” in  which  shall  be  recorded  at  length, 
in  regular  order  and  properly  indexed,  all  resolutions 
passed  by  the  common  council  and  all  papers  and  in- 
struments made,  executed,  received  or  delivered  by 
said  city,  and  all  other  acts  and  things  done  by  said 
city  or  by  said  clerk  pursuant  to  the  provisions  of  this 
act.  The  treasurer  of  the  city  of  Syracuse  is  hereby 
authorized  and  directed  to  prepare  and  at  all  times  keep 
a book,  which  shall  be  known  and  designated  as  ‘ ‘ water 
works  record,  ” in  which  shall  be  recorded  at  length 
and  properly  indexed  all  resolutions,  instruments  and 
other  papers  sent  or  received  by  him  and  all  acts  and 
things  required  to  be  done  by  said  treasurer  under  the 
provisions  of  this  act. 


By-laws,  etc.,  § 28.  The  Syracuse  Water  Board  shall  have  power  to 

of  board. 

make  such  ordinances,  by-law,  rules  and  regulations  as 
they  may  deem  proper  in  the  establishment,  mainten-  . 
ance  and  control  of  the  syvStem  of  water  works  provided 
for  in  this  act,  and  for  the  general  conduct  of  its  busi- 


LEGISLATIVE  ACTS. 


227 


ness,  and  the  exercise  of  any  of  the  powers  hereby  con- 
ferred or  intended  to  be,  and  shall  have  power  to  en- 
force the  same  as  provided  by  law. 

§29.  On  the  first  Tuesday  of  June  next  a special  special  city 

election. 

election  shall  be  held  in  the  city  of  Syracuse,  at  which 
the  voters  in  said  city  qualified  to  vote  and  registered 
as  voters  at  the  last  preceding  general  election  may  vote 
a written  or  printed  ballot  in  either  one  of  the  follow- 
ing forms  : “In  favor  of  city  ownership  and  control  of  Form  of 
the  water  supply,”  or  “against  city  ownership  and 
control  of  the  water  supply.  ” The  inspectors  of  such  inspectors. 

their  duties. 

election  shall  be  the  persons  who  were  elected  at  the 
last  preceding  charter  election,  and  the  polling  places 
the  same  unless  otherwise  prescribed  by  said  common 
council.  Said  inspectors  shall  on  the  day  or  evening 
of  such  election,  and  without  adjournment,  count  and  certificate  of 

result,  how 

certify  the  number  of  affirmative  and  negative  votes  in  tiled, 
the  several  election  districts  and  file  such  certificates 
within  twenty-four  hours  thereafter  in  the  office  of  the 
clerk  of  Onondaga  county,  who  .shall  thereupon  and 
within  twenty-four  hours  after  the  filing  of  such  certifi- 
cates, ascertain  the  whole  number  of  affirmative  and 
negative  votes  given  at  .said  election,  and  a written 
statement  and  declaration  thereof  shall  be  recorded  by 
him  in  the  book  or  books  in  which  other  election  can- 
vasses are  recorded.  Except  as  herein  provided,  all  j^aws 
general  laws  regulating  elections  in  cities,  shall  be  elect 
deemed  applicable  to  the  said  election.  The  inspectors 
of  election  afore.said  shall  sit  as  a board  of  registration  Registration, 
in  each  of  the  election  districts  of  said  city,  on  Friday 


228 


LEGISLATIVE  ACTS. 


Laws 

applicable 

thereto. 


Ballots,  how 
distributed. 


City  clerk  to 
publish  and 
post  notice  of 
election. 


preceding  such  special  election  from  nine  o’clock  in  the 
morning  until  six  o’clock  in  the  evening  of  said  day^ 
and  also  on  Saturday  prior  to  such  election  from  nine 
o’clock  in  the  morning  until  nine  o’clock  in  the  even- 
ing of  said  day,  and  at  such  sittings  shall  proceed  tO' 
make  lists  of  persons  entitled  to  vote  at  such  election. 
As  a basis  for  such  lists  they  shall  first  copy  the  poll 
lists  of  those  who  voted  at  the  last  general  election  held 
in  said  city.  Except  as  herein  otherwise  provided,  all 
the  provisions  of  law  relating  to  the  registration  of 
voters  at  general  and  municipal  elections  shall,  so  far 
as  the  same  are  applicable,  apply  to  the  said  election 
required  to  be  held  under  this  act. 

§ 30.  The  city  clerk  of  the  city  of  S3Tacuse  shall 
cause  to  be  printed  at  least  fifty  thousand  of  each  of 
said  ballots,  which  shall  be  distributed  to  the  inspec- 
tors of  the  several  election  districts  of  said  city  for  use 
at  said  election  proportionate  to  the  vote  of  said  ward 
at  the  general  elections  next  preceding  such  special 
election  at  least  three  days  prior  to  the  day  of  the  elec- 
tion herein  provided  for,  and  it  shall  be  the  duty  of 
said  inspectors  to  have  at  least  half  of  each  kind  of  the 
said  ballots  so  furnished  them  at  the  polls  at  such  elec- 
tion for  distribution  on  election  day. 

§31.  The  city  clerk  of  the  city  of  Syracuse  shall 
cause  a proper  notice  of  said  election  herein  provided 
for  to  be  published  once  a day  for  at  least  one  week 
prior  to  said  election  in  each  of  the  daily  papers  pub- 
lished in  said  city  and  shall  also  cause  three  copies  of 


LEGISLATIVE  ACTS. 


229 


said  notice  to  be  posted  in  conspicuous  places  in  each 
•election  district  of  said  city,  at  least  one  week  prior  to 
said  election. 

§ 32.  This  act  shall  take  effect  immediately ; but  none 
of  the  powers  herein  given  to  the  said  board  of  water 
commissioners  or  to  the  said  ma5^or  and  common  coun- 
cil, except  as  to  the  special  election  herein  provided  for, 
shall  be  exercised  by  them  or  either  of  them  until  or 
unless  a majority  of  all  the  votes  to  be  given  at  the 
election  herein  provided  for  shall  be  in  favor  of  city 
ownership  and  control  of  the  water  supply. 


230 


LEGISLATIVE  ACTS. 


BOARD  OF  PLUMBERS  AND  PLUMBING. 

LAW  TO  SECURE  THE  REGISTRATION  OF  PLUMBERS  AND 
THE  SUPERVISION  OF  PLUMBING  AND  DRAINAGE  IN 
THE  CITIES  OF  THE  STATE  OF  NEW  YORK,  BEING 
CHAPTER  603  OF  THE  LAWS  OF  1893,  AS  AMENDED 
BY  CHAPTERS  66  AND  163  OF  THE  LAWS  OF  1893. 

Appointment  SECTION  I.  Within  ninety  davs  after  the  passage  of 

of  examining 

mT/ors  ^ this  act  it  shall  be  the  duty  of  the  mayor  of  each  of  the 
cities  of  this  State  to  appoint  a board  for  the  examina- 
tion of  plumbers  for  such  city  where  such  board  shall 
act,  to  be  known  as  the  ‘ ‘ examining  and  supervising 
board  of  plumbers  and  plumbing,  ” excepting  in  the 
cities  of  New  York,  Brooklyn  and  Albany,  where  it 
shall  be  known  as  the  ‘ ‘ examining  board  of  plumbers.  ’ ’ 
Such  board  shall  consist  of  five  persons,  of  whom  two 
shall  be  employing  or  master  plumbers  of  not  less  than 
ten  years’  experience  in  the  business  of  plumbing,  and 
one  shall  be  a journeyman  plumber  of  like  experience, 
and  the  other  members  of  said  board  shall  be  the  chief 
inspector  of  plumbing  and  drainage  of  the  board  of 
health  of  such  city  and  the  chief  engineer  having 
charge  of  sewers  of  said  city,  but  in  the  event  of  there 
being  no  such  officers  in  such  city,  then  any  two  other 
officers  having  charge  or  supervision  of  the  plumbing 
drainage  or  sewerage,  whom  the  mayor  shall  designate 
or  appoint,  or  two  members  of  the  board  of  health  of 
such  city  having  like  duties  or  acting  in  like  capacities^ 

Terms  of  The  term  of  office  of  the  mavSter  and  journeymen  plumb- 

office. 

ers  first  appointed  under  the  provisions  of  this  act  shall 


LEGISLATIVE  ACTS. 


23 


be  as  follows : One  shall  be  appointed  for  one  year,  one 
for  two  years  and  one  for  three  years,  their  terms  of 
office  to  expire  respectively  one,  two  and  three  years 
from  and  after  the  thirty- first  day  of  December,  of  the 
year  in  which  such  appointments  shall  be  made  and  the 
mayor  in  making  the  first  appointments  shall  for  each 
one  so  appointed  specify  the  duration  of  the  term  of 
office  to  which  he  makes  said  appointments  respectively 
and  annually  thereafter  upon  the  expiration  of  the  term 
of  office  of  any  such  member  of  the  board  his  successor 
shall  be  appointed  by  the  mayor  for  the  term  of  three 
years,  or  until  a successor  shall  be  appointed,  and  the 
mayor  shall  have  power  to  fill  any  vacancy  caused  in  vacancies 

how  filled. 

such  board  of  examiners  by  the  death,  removal,  inabil- 
ity to  act,  resignation  or  removal  from  the  city  of  any 
member  thereof,  and  such  appointment  shall  be  for  the 
unexpired  term.  Such  chief  inspector  of  plumbing  and  Ex-officio 

members  of 

drainage,  and  such  chief  engineer  in  charge  of  sewers 
or  the  officers  holding  equivalent  positions  or  acting  in 
like  capacities  designated  or  appointed  by  the  mayor  as 
herein  provided,  shall  be  deemed  to  be  also  ex-officio 
members  of  such  examining  board,  and  when  they 
shall  cease  to  hold  the  offices  by  reason  or  on  account  of 
which  they  were  so  designated  or  appointed,  their  suc- 
cessors shall  act  on  the  examining  board  in  their  stead. 

§ 2.  It  shall  be  the  duty  of  such  ex-officio  members  compensation 
of  the  board  of  examiners  to  discharge  their  duties  as  of 
members  of  this  board  without  compensation  therefor. 

The  master  and  journeymen  plumbers  serving  as  mem- 
bers of  such  board  shall  severally  be  paid  at  the  rate  of 


232 


LEGISLATIVE  ACTS. 


five  dollars  per  day  for  each  day’s  services  when  actu- 
ally engaged  in  the  performance  of  the  duties  pertain- 
ing to  the  office,  but  such  compensation  shall  not  ex- 
ceed the  sum  of  five  dollars  per  month  in  cities  of  one 
hundred  thousand  inhabitants  or  less,  nor  the  sum  of 
ten  dollars  per  month  in  cities  having  a population  of 
over  one  hundred  thousand  and  less  than  three  hundred 
thousand,  nor  a sum  of  twenty  dollars  per  month  in 
cities  having  a population  of  over  five  hundred  thousand. 

Qualifications.  | ^ members  of  such  board  shall  be  citizens 

and  actual  residents  of  the  cities  in  which  they  are  ap- 
pointed. 

Powers  and  § a.  The  Several  boards  of  examiners  constituted  un- 

duties.  ^ 

der  this  act  shall  have  powxr  and  it  shall  be  their  duty ; 

Meetings.  MEETINGS. — To  meet  at  stated  intervals  in  their 

respective  cities ; they  shall  also  meet  whenever  the  board 
of  health  of  such  city,  or  the  mayor  thereof  shall  in 
writing  request  them  so  to  do. 

Examinations.  2.  EXAMINATIONS. — To  liave  jurisdiction  over  aiid 
to  examine  all  persons  desiring  or  intending  to  engage 
in  the  trade,  business  or  calling  of  plumbing  as  employ- 
ing plumbers  in  the  city  in  which  such  board  shall  be 
appointed,  with  the  power  of  examining  all  persons 

Certificates  of  applying  for  certificates  of  competency  as  such  employ- 

competency. 

ing  or  master  plumbers  or  as  insTectors  of  plumbing,  to 
determine  their  fitness  and  qualifications  for  conducting 
the  business  of  master  plumbers  or  to  act  as  inspectors 
of  plumbing,  and  to  issue  certificates  of  competency  to 


LEGISLATIVE  ACTS. 


233 


all  such  persons  who  shall  have  submitted  to  and  passed 
a satisfactory  examination  before  such  board  and  shall 
be  by  it  determined  to  be  qualified  for  conducting  the 
business  as  employing  or  master  plumbers  or  competent 
to  act  as  inspectors  of  plumbing. 

3.  Plumbing  Code. — To  formulate,  in  conjunction 
with  the  local  board  of  health  of  the  city  in  which  it 
shall  act,  except  in  New  York,  Brooklyn  and  Albany, 
a code  of  rules  regulating  the  work  of  plumbing  and 
drainage  in  such  city,  including  the  materials,  work- 
manship and  manner  of  executing  such  work,  and  from 
time  to  time  to  add  to,  amend  or  alter  the  same. 

4.  Fees.* — To  charge  and  collect  from  each  person 
applying  for  examination  the  sum  of  five  dollars  for 
each  examination  made  by  said  board  and  all  moneys 
so  collected  shall  be  paid  over  by  the  board  monthly  to 
the  chamberlain  or  treasurer  of  such  city  in  which  said 
board  shall  be  appointed.  And  until  such  time  as  the 
board  of  estimate  of  the  city  of  Brooklyn  and  county  of 
Kings  shall  provide  in  the  annual  tax  levy  a sufficient 
sum  to  meet  the  expenditures  incurred  under  the  provi- 
sions of  this  act,  as  provided  in  section  twelve,  the 
compensation  of  the  members  of  the  board  of  examiners 
in  the  city  of  Brooklyn,  as  fixed  by  .section  two,  shall 
be  paid  by  the  city  treasurer,  upon  vouchers  certified 
by  the  members  of  the  board  and  approved  by  the 
mayor,  out  of  any  moneys  collected  for  the  examina- 
tions provided  by  this  act,  and  paid  over  to  the  city 
treasurer  of  Brooklyn  by  the  said  board. 

*As  amended  by  chap.  162  of  the  Laws  of  1893 


Plumbing 

code. 


Examination 

fees. 


City  of 
Brooklyn. 
Tax  levy. 


Compensation 
of  members. 


234 


LEGISLATIVE  ACTS. 


Examinations 
as  to  qualifica- 
tions. 


Conducting 
business 
without  certi- 
ficate pro- 
hibited. 


Registration 
with  board  of 
health. 


Certificate 

thereof. 


Cancellation 
of  registration. 


§ 5.*  Any  person  desiring  or  intending  to  conduct 
the  trade,  business  or  calling  of  a plumber  or  of  plumb- 
ing, in  any  of  the  cities  of  this  State  as  employing  or 
master  plumber  shall  be  required  to  submit  to  an  ex- 
amination before  such  board  of  examiners  as  to  his  ex- 
perience and  qualifications  in  such  trade,  business  or 
calling  ; and  after  the  first  day  of  September,  eighteen 
hundred  and  ninety- three,  it  shall  not  be  lawful  in  any 
city  of  this  State  for  any  person  to  conduct  such  trade, 
business  or  calling  unless  he  shall  have  first  obtained  a 
certificate  of  competency  from  such  board  of  the  city  in 
which  he  conducts,  or  proposes  to  conduct,  such  busi- 
ness. 

§ 6.*  On  or  before  the  first  day  of  September,  eigh- 
teen hundred  and  ninety- three,  every  employing  or 
master  plumber  carrying  on  his  trade,  business  or  call- 
ing in  any  of  the  cities  of  this  State  shall  register  his 
name  and  address  at  the  office  of  the  board  of  health  of 
the  city  in  which  he  shall  conduct  such  business  under 
such  rules  and  regulations  as  the  respective  boards  of 
health  of  each  of  the  cities  of  this  State  shall  respect- 
ively prescribe,  and  thereupon  he  shall  be  entitled  to 
receive  a certificate  of  such  registration,  provided,  how- 
ever, that  such  employing  or  master  plumber  shall,  at 
the  time  of  applying  for  registration,  hold  a certificate 
of  competency  from  an  examining  board ; but  such 
registration  may  be  cancelled  by  such  board  of  health 
for  a violation  of  the  rules  and  regulations  for  the 


*As  amended  by  chap.  66  of  the  Laws  of  1893. 


LEGISLATIVE  ACTS. 


235 


plumbing  and*  drainage  of  such  city  duly  adopted  and 
in  force  therein,  after  a hearing  had  before  said  board 
of  health,  and  upon  a prior  notice  of  not  less  than  ten 
days,  stating  the  grounds  of  complaint  and  served  upon 
the  person  charged  with  the  violation  of  the  aforesaid 
rules  and  regulations ; but  such  revocation  shall  not  be 
operative,  unless  concurred  in  by  a majority  of  the  local 
board  of  examiners. 

And  after  the  first  day  of  September,  eighteen  hun-  Conducting 

business  with- 

dred  and  ninety-three,  it  shall  not  be  lawful  for  any 
person  to  engage  in,  or  cariy^  on  the  trade,  business  or  ^ ' 
calling  of  an  employing  or  master  plumber  in  any  of 
the  cities  of  this  State  unless  his  name  and  address  shall 
have  been  registered  as  above  provided. 

§7.  Within  sixty  days  after  the  organization  of  such  inspectors  of 

' ° plumbing. 

examining  board  in  any  of  the  cities  of  this  State  the 
local  board  of  health,  or  the  commissioner  or  the  com- 
missioners of  the  board  of  health  or  the  health  depart- 
ment thereof,  as  the  case  may  be,  shall  detail,  desig- 
nate, or  appoint  for  the  purposes  of  this  act  and  the 
enforcement  of  the  provisions  thereof  and  the  work  of 
inspecting  the  plumbing  and  drainage  of  buildings,  in 
said  city,  an  inspector  or  inspectors  of  plumbing,  sub- 
ject, however,  to  the  provisions  or  limitations  of  exist- 
ing laws  regulating  the  appointment  of  inspectors  by 
such  commissioner  or  commissioners,  or  board  or  de- 
partment of  health  of  such  city.  But  all  inspectors  of  Qualifications, 
plumbing  so  detailed,  designated  or  appointed,  and  all 


*So  in  the  original. 


236 


LEGISLATIVE  ACTS, 


Compen- 

sation. 


Duties  of 
inspectors. 


Reports. 


Expirations 
and  renewals 
of  certificates 
and  licenses. 


inspectors  of  plumbing  hereafter  appointed,  except  in 
New  York,  Brooklyn  and  Albany,  shall  be  practical 
plumbers  not  engaged  directly  or  indirectly  in  the 
business  of  plumbing  during  the  period  of  their  ap- 
pointment, and  they  shall  be  citizens  and  actual  resi- 
dents of  the  city  in  which  they  are  appointed,  and 
before  entering  upon  the  discharge  of  their  duties  as 
such  inspectors  each  shall  be  required  to  obtain  a certi- 
ficate of  competency  from  said  examining  board.  They 
shall  be  entitled  to  receive  compensation  not  exceeding 
five  dollars  per  day  for  each  day  of  actual  service,  to 
be  fixed  by  the  board,  commissioner  or  department 
making  such  appointment. 

§ 8.  The  duties  of  the  inspector  or  inspectors  of 
plumbing  appointed  under  the  provisions  of  this  act,  in 
addition  to  the  duties  prescribed  by  law,  and  those 
which  may  be  enjoined  or  required  by  the  commis- 
sioner of  health,  the  board  of  health  or  the  health  de- 
partment of  the  city  in  which  they  shall  be  appointed, 
shall  be,  to  inspect  the  construction  and  alteration  of 
all  plumbing  work  performed  in  such  city  subsequent 
to  the  passage  of  this  act,  and  to  report  in  writing  the 
results  of  such  inspection  to  the  said  commissioner  of 
health,  or  the  board  of  health,  or  the  health  depart- 
ment of  their  respective  cities ; they  shall  also  report  in 
like  manner,  any  person  engaged  in,  or  carrying  on 
the  business  of  employing  plumber  without  having  the 
certificates  hereinbefore  mentioned. 

§ 9.  All  certificates  of  registration  issued  under  the 
provisions  of  this  act  and  all  licenses  autliorizing  con- 


LEGISLATIVE  ACTS. 


237 


nection  with  street  sewers  or  water  mains  shall  expire 
on  the  thirty-first  day  of  December  of  the  year  in  which 
they  shall  be  issued,  and  may  be  renewed  within 
thirty  days  preceding  such  expiration,  such  renewals 
to  be  for  one  year  from  the  first  day  of  January  in  each 
year. 

§ 10.  Whenever  any  inspector  or  other  person  reports  Notice  of 

violations  of 

a violation  of  an}^  of  said  rules  and  regulations  for  i^ies. 
plumbing  and  drainage,  or  a deviation  from  any  offici- 
ally approved  plans  or  specifications  for  plumbing  and 
drainage  filed  with  any  board  or  department,  the  local 
board  of  health  shall  first  serve  a notice  of  violation 
thereof  upon  the  master  plumber  doing  the  work,  if  a 
registered  plumber.  Such  notice  may  be  served  per-  served, 
sonally  or  by  mail,  and  if  by  mail  it  may  be  addressed 
to  such  master  plumber  at  the  address  registered  by 
him  with  local  health  board  ;•  but  the  failure  of  a master 
plumber  to  register  will  relieve  any  board  of  health 
from  the  requirement  of  giving  notice  of  violation. 

Unless  the  violation  is  removed  within  three  days  after  proceedinj^s 

, ^ . when  viola- 

the  date  of  serving  or  mailing  such  notice,  exclusive  oftionsnot 

removed. 

the  day  of  mailing  or  .serving,  the  board  of  health  may 
proceed  according  to  law. 

§ 1 1.  From  and  after  the  first  day  of  March,  eighteen  plumbing  and 

. . drainage  to  be 

hundred  and  ninety-three,  the  plumbing  and  drainage  executed  in 
of  all  buildings,  both  public  and  private  in  each  of  the 
cities  of  this  State  shall  be  executed  in  accordance  with 
the  rules  and  regulations  adopted  by  the  local  board  of 
examiners  in  conjunction  with  the  board  of  health  for 
plumbing  and  drainage;  and  all  repairs  and  altera- 


238 


LEGISLATIVE  ACTS. 


tions  in  the  plumbing  and  drainage  of  all  buildings 
heretofore  constructed  shall  also  be  executed  in  accord- 
ance with  such  rules  and  regulations  except  in  New 
York,  Brooklyn  and  Albany  where  the  board  of  health 
shall  have  control,  but  this  section  shall  not  be  con- 
strued to  repeal  any  existing  provision  of  law  requiring 
plans  for  the  plumbing  and  drainage  of  new  buildings 
to  be  filed  with  any  local  board  of  health  and  to  be 
previously  approved  in  writing  by  said  board  of  health, 
and  to  be  executed  in  accordance  therewith,  except 
that  in  case  of  any  conflict  between  such  plans  and  the 
rules  and  regulations  of  the  board  of  examiners,  the 
latter  shall  gov^ern. 


Rooms  and 
office  expenses 
of  board. 


Tax  for 
expenditures. 


§ 12."^  Each  of  such  boards  of  examiners  shall  have 
power  to  procure  suitable  quarters  for  the  transaction  of 
business,  to  provide  the  necessary  books  and  stationery 
and  to  employ  a*  clerk  to  keep  such  books  and  record 
the  transactions  of  such  board.  The  board  of  estimate 
and  apportionment  of  the  city  of  New  York,  the  board 
of  estimate  of  the  city  of  Brooklyn  and  county  of  Kings, 
and  the  common  council  of  all  other  cities,  shall  annu- 
ally insert  in  their  tax  levy  a sufficient  sum  to  meet  the 
expenditures  incurred  under  the  provisions  of  this  act ; 
and  all  expenses  incurred  by  the  several  boards  of  ex- 
aminers in  the  execution  and  performance  of  the  duties 
imposed  by  this  act  shall  be  a charge  on  the  respective 
cities,  and  shall  be  audited,  levied,  collected  and  paid 
in  the  same  manner  as  other  city  charges  are  audited, 
levied,  collected  and  paid. 


\ 


As  amended  by  chap.  162  of  the  Laws  of  1893. 


LEGISLATIVE  ACTS. 


239 


• § 13.  Any  person  violating  any  of  the  provisions  of 
this  act  or  any  rules  and  regulations  of  the  board  of 
health,  or  of  the  board  of  examiners  in  any  city  regu- 
lating plumbing  and  drainage  of  buildings  of  such  city, 
shall  be  deemed  guilty  of  a misdemeanor,  and,  upon 
conviction,  if  a master  plumber,  shall,  in  addition,  for- 
feit any  certificate  of  competency  or  registration,  which 
he  may  hold  under  the  provisions  thereof. 

§ 14.  After  the  passage  of  this  act  the  commissioner  issue  of  licen- 

ses  to  connect 

of  public  works  of  any  city,  or  the  officer  or  officers  act-  a^nd\vater' 
ing  in  a like  capacity  in  any  of  the  cities  of  this  State,  restricted, 
and  having  charge  of  the  sewers  and  water  mains,  shall 
not  issue  a license  to  anyone  to  connect  with  the  sewers 
or  with  the  water  mains  of  such  cities  unless  such  per- 
son has  obtained  and  shall  produce  a certificate  of  com- 
petency from  the  examining  board  of  such  city  hereby 
created. 

§ 15.  All  acts  or  parts  inconsistent  with  or  repugnant  Repeal, 
to  the  provisions  of  this  act  are  hereby  repealed. 


§16.  This  act  shall  take  effect  immediately. 


240 


LEGISLATIVE  ACTS. 


Care  and  con- 
trol of 
cemetery. 


Trustees,  ap- 
pointed and 
terms  of. 


CEMETERY  NINTH  WARD. 

LAW  TO  PKOVIDE  FOR  THE  CAKE,  CONTROL  AND  MAN- 
AGEMENT OF  THE  CEMETERY  IN  THE  NINTH  WARD 
OF  THE  CITY  OF  SYRACUSE,  BEING  CHAPTER  457  OF 
THE  LAWS  OF  1890. 

Section  i . The  cemetery  situated  on  farm  lot  num- 
ber one  hundred  and  sixty- seven,  in  that  part  of  the 
late  town  of  Geddes,  annexed  to  the  city  of  Syracuse 
by  chapter  three  hundred  and  ninety- seven  of  the  laws 
of  eighteen  hundred  and  eighty-six,  and  now  a part  of 
the  ninth  ward  of  said  city,  shall  be  under  the  care, 
control  and  management  of  five  trustees,  who  shall  be 
residents  and  freeholders  of  the  ninth  or  tenth  wards  of 
the  city  of  Syracuse. 

§ 2.  Within  ten  days  after  the  passage  of  this  act  the 
mayor  of  the  city  of  Syracuse  shall  appoint  a board  of 
trustees  to  be  known  as  ‘ ‘ the  board  of  trustees  of  the 
ninth  ward  cemetery,  ” which  shall  consist  at  all  times 
of  five  members.  The  first  five  trustees  shall  respect- 
ively hold  office  until  the  first  day  of  March  eighteen 
hundred  and  ninety-two,  eighteen  hundred  and  ninety- 
four,  eighteen  hundred  and  ninety-six,  eighteen  hun- 
dred and  ninety-eight,  nineteen  liundred.  When  ap- 
pointed their  respective  terms  of  office  shall  be  desig- 
nated. The  terms  of  all  other  trustees  appointed  under 
this  act  (except  to  fill  vacancies)  shall  be  for  ten  years, 
and  they  shall  be  appointed  by  the  mayor  of  said  city^ 
within  ten  days  prior  to  the  expiration  of  the  term  of 
any  trustee  they  are  appointed  to  succeed. 


LEGISLATIVE  ACTS. 


241 


§ 3.  In  case  any  vacancy  shall  occur  in  the  office  of  Vacancies, 
trustees  of  the  said  cemetery  by  death  or  otherwise, 
said  vacancies  shall  be  filled  by  appointment  by  the 
mayor  of  said  city  for  the  remainder  of  the  term  for 
which  said  vacancies  shall  occur. 

§ 4.  The  said  mayor  shall  file  the  appointment  of  said  Appointments 
trustees  with  the  clerk  of  said  city.  Within  ten  days  organization, 
after  their  appointment  the  said  board  shall  organize  by 
the  election  of  one  of  their  number  as  president  and  an- 
other as  secretary,  and  shall  then  have  and  possess  all 
the  rights  and  powers  that  the  common  council  now  Rights  and 

...  . powers. 

have  in  relation  to  said  cemetery,  and  shall  have  the 
entire  care,  control  and  management  of  said  cemetery. 

§5.  Within  ten  days  after  the  organization  of  said  Transfer  of 
board  of  trustees,  the  former  trustees  of  said  cemetery 
shall  pay  over  to  said  ‘ ‘ board  of  trustees,  ’ ’ all  moneys 
in  their  hands  from  the  sale  of  lots  in  said  cemetery, 
and  known  as  the  cemetery  fund,  and  thereafter  .said  Powers  of 
board  of  trustees  shall  have  the  control  of  said  funds 
and  all  moneys  that  may  be  received  thereafter  from 
the  sale  of  lots  therein,  and  shall  have  full  power  and 
authority  to,  and  shall  expend  on  said  cemetery,  in  the 
building  of  a receiving  vault  therein,  in  improving  the 
roads  therein,  and  in  such  other  improvements  as  to 
them  shall  seem  necessar3\ 

§ 6.  The  said  board  of  trustees  may  adopt  such  by-  Hy-iaws,  etc. 
laws,  rules  and  regulations  as  they  may  deem  necevSsary. 

§ 7.  This  act  shall  take  effect  immediately. 

i(> 


242 


LEGISLATIVE  ACTS. 


Police  pension 
fund,  how 
constituted. 


Of  relief  fund. 


Forfeitures. 


Rewards, 
gifts,  etc. 


Lost,  etc., 
money  and 
property. 


POLICE  PENSION  FUND. 

LAW  TO  PROVIDE  FOR  A POLICE  PENSION  FUND  FOR  THE 
SYRACUSE  POLICE  FORCE,  BEING  CHAPTER  509  OF 
THE  LAWS  OF  1893. 

Section  i.  The  right  to  provide  and  maintain  a 
fund  to  be  known  as  the  policjs  pension  fund,  is  hereby 
authorized  and  granted  to  the  police  force  of  the  city  of 
Syracuse,  to  be  managed  as  hereinafter  provided,  and 
shall  consist  of : 

First.  The  fund  known  as  the  police  relief  fund  and 
all  interests  belonging  thereto,  now  in  the  hands  of  the 
treasurer  of  the  city  of  Syracuse,  and  of 

Second.  All  forfeitures  of  fines  imposed  by  the  board 
of  police  commissioners,  from  time  to  time,  upon  or 
against  any  member  or  members  of  the  police  force  ; 
and  of 

Third.  All  rewards,  fees,  gifts,  testimonials  and 
emoluments  that  may  be  presented,  paid  or  given  to 
any  member  of  the  police  on  account  of  police  services, 
except  such  as  shall  be  allowed  by  the  board  of  police 
commi.ssioners  to  be  retained  by  said  board ; and  of 

Fourth.  All  lost,  abandoned,  unclaimed  or  stolen 
money  remaining  in  the  possession  of  the  clerk  of  the 
police  board,  for  the  space  of  one  year,  and  for  which 
there  shall  be  no  lawful  claimants,  and  all  moneys  aris-\ 
ing  from  the  sale,  by  the  said  property  clerk,  of  un- 
claimed, abandoned,  lost,  or  stolen  property  ; and  of 


LEGISLATIVE  ACTS. 


243 


Fifth.  All  moneys,  pay,  compensation  or  salary  or  Deductions 
any  part  thereof,  deducted  or  withheld  from  any  mem- 
ber or  members  of  the  police  force  for  or  on  account  of 
absence,  for  any  cause,  lost  or  sick  time,  sickness  or 
other  disability,  physical  or  mental ; and  of 

Sixth  All  moneys  received  or  derived  from  the  Receipts  from 

pistol  permits. 

granting  or  issuing  of  permits  to  carry  pistols  in  said 
city,  and  the  chief  of  police  is  hereby  authorized  to  issue 
permits  for  such  purpose,  in  proper  cases,  upon  receiv- 
ing from  the  applicant  for  such  permit  the  sum  of  two 
dollars  and  fifty  cents,  but  no  permit  shall  continue  in 
force  for  more  than  one  year  ; and  of 

Seventh.  Such  sum  per  month  to  be  paid  by  each  Contributions, 
member  of  the  police  force  as  shall  be  agreed  upon  by 
the  members ; and  of 

Eighth.  All  fees  received  by  the  chief  of  police,  cap- Bail  fees, 
tains  or  roundsmen  for  perfecting  and  accepting  bail 
bonds. 

§ 2.  The  police  commissioners  of  said  city  are  hereby  Trustees  and 

treasurer  of 

made  a board  of  trustees  of  said  pension  fund,  and  they 
shall,  from  time  to  time,  appoint  one  of  their  number 
as  treasurer  of  said  fund,  but  before  entering  upon  his 
duties  he  shall  execute  and  deliver  to  the  said  board  of 
trustees  a bond  in  the  penal  sum  of  ten  thousand  dollars 
to  be  approved  by  the  mayor  of  said  city  and  condi- 
tioned for  the  faithful  discharge  of  his  duties,  and  that 
he  shall  pay  over  and  account  for  all  moneys  and  prop- 
erty which  shall  come  into  his  hands  as  such  treasurer. 


244 


LEGISLATIVE  ACTS. 


Powers  and 
duties  of 
trustees. 


Annual  report 


Payments 
from  fund 
resiricted. 


Clerk  to  have 
custody  of 
lost,  stolen, 
etc.,  property 
and  money. 


Record 

thereof. 


Such  board  of  trustees  shall  have  charge  of  and  admin- 
ister said  fund,  and  from  time  to  time  invest  the  same^ 
or  any  part  thereof  as  they  shall  deem  most  beneficial 
to  said  fund,  and  are  empowered  to  make  all  necessary 
contracts  and  take  all  necessary  and  proper  action  and 
proceedings  in  the  premises,  and  to  make  payments 
from  said  fund  of  pensions  granted  in  pursuance  of  this 
chapter.  They  shall  report  in  detail  to  the  board  of 
aldermen  annually  in  the  month  of  January,  the  condi- 
tion of  the  police  pension  fund,  and  the  items  of  their 
receipts  and  disbursements  on  account  of  the  same. 
No  payments  whatever  shall  be  made  or  allowed  by 
said  board  of  trustees  from  said  fund  as  reward,  gratu- 
ity or  compensation  to  any  persons  for  salary  or  ser- 
vices rendered  to  or  for  said  board  of  trustees  except 
payment  of  necessary  legal  expenses. 

§ 3.  The  clerk  of  the  police  department,  shall  take 
charge  of  all  property  alleged  to  be  stolen  or  embezzled 
and  which  may  be  brought  to  the  police  office,  and  all 
property  taken  from  the  person  of  a prisoner ; and  all 
property  or  money  alleged  or  supposed  to  have  been 
feloniously  obtained  or  which  shall  be  lost  or  aband- 
oned, and  which  shall  be  taken  into  the  custody  of  any 
member  of  the  police  force  or  criminal  court  in  said 
city,  or  which  shall  come  into  the  custody  of  any  police 
justice  dr  officer,  shall  be  given  by  such  justice  or  offi- 
cer or  by  order  of  said  court  into  the  custody  of  and 
kept  by  said  clerk.  All  such  property  and  money  shall 
be  particularly  dCvScribed  and  registered  by  said  clerk  in 
a book  kept  for  that  purpose,  which  shall  contain  the 


LEGISLATIVE  ACTS. 


245 


name  of  the  owner,  if  ascertained,  the  place  where 
found,  the  name  of  the  person  from  whom  taken,  with 
the  general  circumstances,  the  date  of  its  receipt,  the 
name  of  the  officer  recovering  the  same,  a description 
thereof,  the  names  of  all  claimants  thereto,  and  any 
final  disposition  in  such  property  or  money.  The  said  Duties  and 
commissioners  may  prescribe  regulations  in  regard  to 
the  duties  and  salary  of  said  clerk  and  require  and  take 
security  for  the  faithful  performance  of  the  duties  re- 
quired by  this  act. 

§ 4.  The  property  so  delivered  to  said  clerk,  and  all  Sale  of  un- 
such  property,  securities,  money,  things  or  choses  in  p^'^perty,  etc. 
action  that  shall  remain  in  his  custody  for  the  period 
of  six  months  without  any  lawful  claimant  thereto, 
after  having  been  advertised  in  two  of  the  daily  papers 
of  said  city  for  ten  days,  may  be  sold  at  public  auction, 
in  a suitable  room  to  be  designated  for  such  purpose, 
and  the  proceeds  of  such  sale  shall  be  paid  into  the  proceeds, 
police  pension  fund 

§5.  The  board  of  police  commissioners  shall  have  Powers  of 

board  to  grant 

power,  in  its  discretion,  by  the  unanimous  vote  of  a full  pensions, 
board,  to  retire  and  dismiss  from  membership  in  the 
said  police  force,  and  thereupon  grant  pensions  as  here- 
inafter provided,  to  any  member  of  said  force  who  shall 
have  become  disabled  physically  or  mentally,  or  super- 
annuated by  age  so  as  to  be  unfit  for  police  duty,  and 
by  a majority  of  the  board,  to  widows  and  orphans  of 
such  members,  to  be  paid  from  the  police  pension  fund 
by  the  board  of  trustees  thereof,  as  follows  : 


246 


LEGISLATIVE  ACTS. 


To  widows, 
etc. 


Division  be- 
tween widow 
and  children. 


To  minor 
children. 


To  perma- 
nently dis- 
abled police. 


To  superannu 
ated  police 
after  service. 


1.  To  the  widow  of  any  member  of  the  police  force 
who  shall  have  been  killed  while  in  the  actual  perform- 
ance of  duty,  or  shall  have  died  from  the  effects  of  any 
injury  received  while  in  the  discharge  of  such  duty,  or 
who  has  died  or  who  shall  hereafter  die  after  ten  years 
of  service  in  the  police  force  of  said  city,  or  who  shall 
have  been  retired  upon  a pension  under  section  six  of 
this  act ; if  there  be  no  child  or  children  under  eighteen 
years  of  age  of  such  member,  the  sum  of  not  exceeding 
three  hundred  dollars  per  annum  ; but  if  there  be  any 
such  child  or  children  of  such  member  under  the  age 
aforesaid,  then  the  said  sum  may  be  divided  between 
such  widow,  child  or  children  in  such  proportions  and 
in  such  manner  as  the  said  board  may  direct. 

2.  To  any  child  or  children  under  eighteen  years  of 
age  of  such  member  killed  or  dying  as  aforesaid  or  pen- 
sioner as  aforesaid,  but  leaving  no  widow,  or  if  a widow, 
then  after  her  death  to  such  child  or  children  yet  under 
eighteen  years  of  age,  a sum  not  exceeding  three  hun- 
dred dollars  per  annum. 

3.  To  any  such  member  of  the  police  force,  who, 
while  in  the  actual  performance  of  duty,  and  by  reason 
of  the  performance  of  such  duty,  without  fault  and  mis- 
conduct on  his  part,  shall  become  permanently  disabled, 
physically  or  mentally,  so  as  to  be  unfit  to  perform  full 
police  duty,  a sum  not  to  exceed  one-half,  nor  less  than 
one-quarter  of  his  rate  of  compensation  per  annum. 

4.  To  any  member  of  the  said  police  force  who  shall, 
after  ten  years,  and  less  than  twenty  years’  member- 


LEGISLATIVE  AC'LS. 


247 


ship,  become  superannuated  by  age,  permanently  in- 
sane or  mentally  incapacitated,  or  disabled  physically 
or  mentally  so  as  to  be  unfitted  or  unable  to  perform 
full  police  duty,  by  reason  of  such  disability  or  disease 
contracted  without  misconduct  on  his  part,  a sum  not 
less  than  three  hundred  dollars,  nor  exceeding  six  hun- 
dred dollars  per  annum. 

§6.  Any  member  of  the  police  force  who  has,  or  Retirement 

of  police  and 

shall  have  performed  duty  therein  for  a period  of  twenty  gi^nThere-' 
years  or  upwards  upon  his  own  application  in  writing, 
or  upon  a certificate  of  the  police  surgeon  showing  that 
such  member  is  permanently  disabled,  physically  or 
mentally,  so  as  to  be  unfit  for  duty,  shall,  by  resolution 
unanimously  adopted  by  a full  board,  be  retired  and 
dismissed  from  said  force  and  service,  and  placed  on  the 
roll  of  the  police  pension  fund,  and  awarded  and 
granted,  to  be  paid  from  said  pension  fund,  an  annual 
pension  during  his  lifetime,  of  a sum  of  not  less  than 
one-half  the  full  salary  or  compensation  of  such  member 
so  retired  provided,  that  no  pension  granted  under  the 
provisions  of  this  act  shall  exceed  the  sum  of  one  thous- 
and dollars  per  annum.  Pensions  granted  under  this 
act  shall  be  for  the  natural  life  of  the  pensioner,  and 
shall  not  be  revoked,  repealed  or  diminished. 

§7.  Pensions  to  widows  shall  terminate  when  the  pensions  to 

• 1 1 11  1 • 1 *1  1 1 11  widows  or 

widow  shall  re-marry,  and  pensions  to  children  shall  children, 

when  to 

terminate  whenever  the  children  shall  respectively  i^^erminate. 

marry  or  arrive  at  the  age  of  eighteen  years.  The 

board  of  police  commissioners  may,  in  its  discretion.  Pensions  may 

be  ordered  to 

order  any  pension  granted,  or  any  part  thereof,  to  cease  ‘^ease,  etc. 


248 


LEGISLATIVE  ACTS. 


Proviso  as  to 

granting 

pensions. 


Rules,  etc. 


Police  may 
take  bail. 


Fees. 


or  to  be  diminished  except  those  pensions  granted  under 
section  six  of  this  act ; but  in  all  such  cases  the  said 
board  shall  file  with  the  trustees  of  the  police  pension 
fund  a written  statement  of  the  causes  which  deter- 
mined them,  and  in  ordering  any  pension  so  to  cease  or 
be  diminished,  and  nothing  herein,  or  in  any  other  act 
contained,  shall  render  the  granting  of  any  pension 
obligatory  on  the  board  of  police  or  chargeable  as  a 
matter  of  right  upon  said  police  pension  fund  except  as 
herein  provided.  And  no  member  shall  be  retired  upon 
pension  or  be  pensioned,  nor  shall  any  pension  be 
awarded,  granted  or  paid,  except  as  provided  in  this 
act,  any  other  law  to  the  contrary,  notwithstanding. 
The  said  board  of  police  commissioners  is  authorized 
and  empowered  to  make  and  adopt  all  such  rules, 
orders  and  regulations  as  are,  or  may  be,  necessary  to 
carry  out  and  enforce  the  provisions  of  this  act. 

§ 8.  The  chief  of  police,  any  captain  or  roundsman, 
may  take  bail  for  appearance  before  a competent  magis- 
trate the  next  morning  from  any  person  arrested  for  a 
misdemeanor : and  the  chief  of  police,  captains  or 
roundsmen,  at  the  time  of  accepting  bail,  may  demand 
from  the  defendant  one  dollar  for  perfecting  the  bail 
bond.  Said  dollar  and  all  fees  for  perfecting  bail 
bonds  shall  be  deposited  to  the  credit  of  the  police 
pension  fund. 


§ 9.  This  act  shall  take  effect  immediately. 


ORDINANCES 


OF  THE 

CITY  OF  SYRACUSE,  N.  Y. 


Whereas,  it  is  expedient  that  the  general  ordinan- 
‘Ces  of  the  city  should  be  consolidated  and  arranged  in 
appropriate  chapters  and  sections,  and  conformed  to 
the  Revised  Charter  of  the  city  of  Syracuse ; that  omis- 
sions should  be  supplied  and  defects  amended ; and 
that  the  whole  should  be  rendered  plain,  concise  and 
intelligible  ; therefore, 

Be  it  ordained  by  the  common  council  of  the  city  of 
Syracuse,  as  follows : All  ordinances  of  the  city  in 
force  at  the  time  of  the  passage  of  the  ordinances 
herein  contained,  and  each  and  every  part  thereof,  are 
hereby  repealed ; provided,  that  nothing  herein  con- 
tained shall  be  held  or  construed  to  affect,  impair  or 
extinguish  the  right  of  the  city  to  sue  for,  and  recover 
any  penalty  incurred  prior  to  the  passage  of  these  ordi- 
nances, under  any  of  the  ordinances  hereby  repealed. 


250 


ORDINANCES  OF 


Animals  sub- 
ject to  be 
impounded. 


Fees. 


Food  to  be 
provided. 


Authority 
to  sell. 


Be  it  further  ordained  by  the  common  council  of  the 
city  of  Syracuse  as  follows  : 


CHAPTER  I. 

ANIMALS. 

Section  i.  Any  horses,  cattle,  swine,  sheep  or 
geese  found  running  at  large  in  the  city,  or  dog  not 
muzzled,  as  required  by  chapter  eleven  of  these  ordi- 
nances, found  running  at  large  in  the  city,  may  be  im- 
pounded in  any  of  the  public  pounds  of  the  city,  from 
whence  they  shall  not  be  released  until  the  owner  or 
some  other  person  shall  pay  to  the  pound  keeper  the 
fees  for  receiving  and  discharging  the  same.  The  fees 
to  be  paid  to  the  pound-keeper  shall  be  as  follows,  viz : 


For  each  horse,  . . . $i  00 

For  each  cow  or  other  horned  animal,  i 00 
For  each  hog,  . . . i 00 

For  each  goat  or  sheep,  . . 50 

For  each  goose,  . . .25 

For  each  dog,  . . . 2 00 


§ 2.  It  shall  be  the  duty  of  the  pound-keeper  to 
provide  the  necevSsary  sustenance  for  all  animals  im- 
pounded and  kept  in  the  pound,  and  the  reasonable 
cost  of  providing  such  sustenance  shall  be  paid  to  the 
pound-keeper,  in  addition  to  the  fees  as  aforesaid,  be- 
fore such  animals  shall  be  released  from  the  pound  ; 
and  it  shall  be  lawful  for  the  pound-keeper  to  sell  at 
public  auction,  any  animal  or  animals  impounded  pur- 


THE  CITY  OF  SYRACUSE. 


251 


suant  to  this  ordinance  at  any  time  after  the  expira- 
tion of  six  days,  upon  giving  two  days’  notice  of  the  Two  days’ 

notice  to  be 

sale  by  advertisement  put  up  at  the  pound,  in  the 
office  of  the  city  clerk,  and  in  the  postoffice  of  the  city. 

If  the  fees  and  expenses  shall  be  paid  before  the  time 
of  sale  the  said  animals  shall  not  be  sold,  but  shall  be 
released  by  the  pound-keeper.  Each  pound-keeper  Pound-keeper 

to  report 

shall  render  quarterly  to  the  common  council  a true  qi^arteriy. 

statement  of  all  moneys  and  fees  received  by  him, 

together  with  the  names  of  the  persons  impounding 

and  those  paying  fees  or  penalties ; and  upon  neglect 

or  refusal  so  to  do,  his  office  may  be  declared  vacant, 

and  he  shall  in  addition  thereto  be  subject  to  a fine  of 

ten  dollars  for  such  neglect  or  refusal.  Penalty. 

§ 3.  The  pound-keeper  shall  not  purchase  or  be  pound-keeper 

1 shall  not  pur- 

mterested,  directly  or  indirectly,  111  the  purchase  01  chase, 
any  animal  sold  by  him  as  pound-keeper.  Any  person 
violating  this  provision  of  this  section  shall  be  subject 
to  a fine  of  ten  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  thirty  days.  If  any  person  preaking  into- 

1 11  1 1 • 11*  • pounds. 

shall  break  into  or  attempt  to  break  into  any  city 
pound,  or  shall  interfere  with  or  resist  any  person  who 
may  be  driving  any  of  the  aforesaid  animals  to  the 
public  pound,  or  prevent  or  try  to  prevent  the  driving 
of  the  same  as  aforesaid,  said  person  shall  be  subject 
to  a fine  of  not  less  than  five  nor  more  than  fifteen  dol-  „ 

Penalty. 

lars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  ten  nor  more  than  thirty  days, 
for  each  offense. 


‘City  not  liable 
for  fees  and 
expenses. 


Dead  animals 
not  to  be 
buried  within 
city  limits. 


Penalty. 


Maltreatment 
•of  animals. 


Penalty. 


Goats  and  kids 
not  permitted 
to  run  at  large. 


252  ORDINANCES  OF 

§ 4.  The  city  shall  not,  in  any  case,  be  liable  to  any 
pound-keeper  for  or  on  account  of  any  fees  or  expenses 
due  to  him,  on  account  of  any  animal  which  may  be 
impounded ; and  whenever  such  animal  shall  be  sold 
and  shall  not  bring  enough  to  pay  the  fees  and  penalty, 
the  same  may  be  recovered  of  the  owner  of  any  such 
animal,  by  suit  in  the  name  of  the  city,  and  any  re- 
covery therein  shall  belong  to  and  be  paid  to  such 
pound-keeper. 

§ 5.  No  person  shall  bury,  or  cause  to  be  buried, 
the  body  of  any  horse,  mule,  ox,  cow,  bull,  hog  or 
other  animal,  within  the  limits  of  the  city,  and  any 
person  violating  any  of  the  provisions  of  this  section, 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more 
than  twenty  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  le.ss  than  ten  nor  more 
than  thirty  days  for  each  offense. 

§ 6.  Any  person  who  shall  inhumanly,  unneces- 
sarily or  cruelly  beat,  injure  or  otherwise  abuse  any 
animal,  shall  be  subject  to  a fine  of  not  less  than  five 
or  more  than  twenty  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  ten  or  more 
than  sixty  days  for  each  offense. 

§ 7.  Any  owner  or  keeper  of  any  goat  or  kid,  who 
shall  permit  the  same  to  run,  or  be  at  large  in  any  pub- 
lic highway,  street,  park,  alley,  lane  or  other  public 
place  or  thoroughfare  of  the  city,  shall  be  subject  to  a 
fine  of  not  less  than  two,  nor  more  than  five  dollars,  or 
to  imprisonment  in  the  penitentiary  of  the  county  for 


THE  CITY  OF  SYRACUSE. 


253 


not  less  than  ten  nor  more  than  thirty  days,  for  each 
offense;  and  any  person  who  shall  knowingly  have 
kept  or  harbored  any  such  animal  upon  his  or  her 
premises,  for  the  space  of  twenty-four  consecutive 
hours,  immediately  before  the  time  when  the  same  was 
so  permitted  to  run  or  be  at  large,  shall  be  deemed  to 
be  the  owner  thereof. 


CHAPTER  II. 

AUCTIONS. 

Section  i.*  No  person  or  corporation  shall,  except  I'l'f'perty  not 
on  judicial  sale,  expose  or  offer  for  sale  at  auction  any  Vicenle^^^' 
goods,  wares  or  merchandise  whatsoever  within  the 
corporate  limits  of  the  city  without  having  first  applied 
for  and  obtained  a license  so  to  do  from  the  mayor  or 
common  council,  and  having  paid  the  fee  therefor  as 
in  this  chapter  provided;  and  any  person  violating  any  Penalty, 
of  the  provisions  of  this  section  shall  be  subject  to  a fine 
of  not  less  than  twenty  dollars,  nor  more  than  one 
hundred  dollars,  or  to  imprisonment  in  the  penitentiary 
of  the  county  for  not  less  than  thirty  days,  nor  more 
than  three  months,  or  to  both  such  fine  and  imprison- 
ment. 

§ 2.  A license  for  the  purpose  aforesaid  may  be  Auctioneers’ 

licenses  - -how 

granted  by  the  mayor  or  common  council  upon  appli-  granted, 
cation  therefor  being  made  in  writing,  stating  the  kind 
of  goods  intended  to  be  sold,  and  the  person  who  is  to 


*As  amended  May  2gth  1893. 


254 


ORDINANCES  OF 


Fees. 


Licenses  shall 
expire  the  suc- 
ceeding April. 


Licenses  may 
be  revoked. 


Penalty. 


Bathing  in 
canals  or 
creek  for- 
bidden. 


conduct  the  sale,  and  upon  the  payment  of  a fee  there- 
for to  be  fixed  by  the  mayor  or  common  council  at  not 
less  than  five  nor  more  than  fifty  dollars,  and  no  person 
but  the  licensee  named  therein  shall  conduct  a sale 
under  said  license.  Said  license  shall  specify  the  term 
of  its  continuance  and  when  it  will  expire,  which  time 
may  be  fixed  by  the  mayor  or  common  council,  pro- 
vided, however,  that  no  license  shall  run  for  a longer 
period  than  the  fifteenth  day  of  April  next  succeeding 
the  date  of  its  issue.  , Said  license  fee  within  the  limits 
above  fixed  may  be  exacted  by  the  mayor  or  common 
council  for  each  and  every  day  such  auction  sale  shall 
be  carried  on  in  said  city,  and  in  such  case  the  same 
shall  be  paid  each  day  before  such  sale  shall  take  place. 
The  mayor  or  common  council  may  for  cause  deemed 
satisfactory  to  him,  or  them,  revoke  any  license  that 
may  be  issued  under  this  ordinance,  and  after  such 
revocation  it  shall  not  be  lawful  to  continue  any  such 
sale  by  auction.  Any  person  violating  any  provision 
of  this  section  shall  be  subject  to  a fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  or  to 
impri.sonment  in  the  penitentiary  of  the  county  for  not 
less  than  thirty  days,  nor  more  than  three  months  or  to 
both  such  fine  and  imprisonment. 

CHAPTER  III. 

BATHING. 

Sp:cton  I.  Any  person  who  shall,  during  daylight, 
swim  or  bathe,  unless  covered  by  .some  proper  and 
sufficient  garment  from  neck  to  knee  (except  in  such 


THE  CITY  OF  SYRACUSE. 


255 


place  or  places  as  the  common  council  may  hereafter 
by  resolution  prescribe)  in  the  waters  of  the  Erie  or 
Oswego  canals,  or  in  any  basin  or  side  cut  connected 
therewith,  or  in  the  Onondaga  creek,  or  in  any  pond 
within  sixty  rods  of  any  street  or  highway,  shall  be  Penalty, 
subject  to  a fine  of  not  less  than  two  nor  more  than  ten 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  five  nor  more  than  thirty  days 
for  each  offense. 


CHAPTER  ^IV. 

BRIDGES. 

Section  i.  Any  owner  or  driver  of  any  cart,  sleigh.  Vehicles  not 

^ to  remain  on 

sled,  wagon  or  other  vehicle,  who  shall  suffer  such 
vehicle  to  remain  on  any  bridge  in  the  city  for  any 
longer  time  than  is  necessary  to  pass  over  the  same, 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more  Penalty, 
than  ten  dollars,  or  to  imprisonment  in  the  penitentiary 
of  the  county  for  not  less  than  five  nor  more  than 
thirty  days,  for  each  offense. 

§2.  Any  person  who  shall  offeror  expose  for  sale  Sales  not 

to  be  made 

any  wares,  fruit,  vegetables,  meat  or  fish,  or  merchan-  bridges, 
dise  whatsoever,  on  any  bridge  in  the  city,  shall  be 
subject  to  a fine  of  not  less  than  five  nor  more  than  Penalty, 
ten  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  five  nor  more  than  thirty 
days  for  each  offense. 


256 


ORDINANCES  OF 


Not  to 
cross  or 
enter  upon 
bridge 
after  signal. 


Penalty. 


Cartmen  to 
be  licensed. 


Penalty. 


Carts  to  be 
nuin  bered. 


§ 3.  Any  person  who  shall  cross  or  attempt  to  cross,, 
or  enter  upon  any  swing  or  hoist  bridge  in  the  city, 
after  a signal  shall  have  been  given  by  the  person  in 
charge  of  such  bridge  indicating  that  the  bridge  is  to 
be  moved,  shall  be  subject  to  a fine  of  not  less  than 
five  nor  more  than  twenty-five  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less 
than  ten  nor  more  than  thirty  days  for  each  offense. 


CHAPTER  V. 

CARTMEN. 

Section  No  person  shall  pursue  the  business  of 
a cartman  within  the  city  of  Syracuse  without  having 
a license  therefor  from  the  mayor,  which  license  may 
be  granted  upon  the  application  therefor  and  the  pay- 
ment of  a license  fee  of  three  dollars  for  each  cart  or 
vehicle  to  be  operated  thereunder  : And  such  license 
shall  continue  in  force  until  the  fifteenth  day  of  April 
next  after  the  granting  thereof.  Any  person  violating 
the  provisions  of  this  section  shall  be  subject  to  a fine 
of  not  less  than  ten  dollars  and  not  more  than  fifty 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  tlian  ten  days  and  not  more  than 
three  months  for  each  offense. 

§ 2.  Every  cartman  shall  cause  his  cart  to  be  num- 
bered, such  number  to  be  designated  by,  and  (together 
with  the  name  and  place  of  residence  of  such  cartman) 


*As  amended  April  28th,  1890. 


THE  CITY  OF  SYRACUSE. 


257 


filed  with  the  city  clerk,  and  thereupon  the  city  clerk 
shall  furnish  to  such  cartman,  without  further  charge, 
duplicate  numbers  which  said  cartman  shall  fasten  on 
his  cart,  one  on  each  side  thereof,  so  that  they  may  be 
plainly  seen,  and  shall  there  retain  them  during  the 
life  of  his  said  license.  Any  person  violating  any  of  penalty, 
the  provisions  of  this  section,  shall  be  subject  to  a fine 
of  not  less  than  five  nor  more  than  fifty  dollars,  or  to 
imprisonment  in  the  penitentiary’  of  the  county  for  not 
less  than  thirty  days  nor  more  than  three  months,  for 
each  offense. 

§ 3.  The  following  shall  be  the  established  rates  of  Rates  of 

charges. 

charges  of  cartmen  of  said  city,  the  said  rates  to  apply 
to  all  loads  transported  within  the  limits  bounded  on 
the  west  by  the  west  line  of  Niagara  street,  on  the  east 
by  the  east  line  of  Irving  and  Catharine  streets,  on  the 
south  by  the  south  line  of  Taylor  street,  on  the  north 
by  the  north  line  of  Division  street. 

For  each  hogshead  of  molasses  not  more  than.$  50 


For  each  hogshead  of  oil,  containing  80  gal- 
lons or  over,  not  more  than 50 

For  each  hogshead  of  sugar  not  more  than  . . 50 

For  each  hogshead  of  tobacco  not  more  than . 50 

For  each  hogshead  of  rum,  brandy,  gin  or 

wine,  not  more  than 50 

For  each  hogshead  of  alcohol  not  more  than . 50 

For  every  seven  barrels  of  flour  not  more  than  50 
For  every  five  barrels  of  salt  not  more  than . 50 

For  every  load  of  loose  salt  of  eighteen  bush- 
els or  over,  not  more  than 50 

For  every  load  of  salt  kettles  not  more  than . 50 

For  every  load  of  stone  not  more  than 50 


Penalty. 


Where 
to  stand. 


258  ORDINANCES  OF 


For  every  load  of  earthen  or  hollow  ware  not 

more  than 50 

For  every  load  of  coal  of  ten  cwt  or  over, 

not  more  than . . 50 

For  every  load  of  lumber  of  500  feet  or  over, 

not  more  than ' 5Q 

For  every  load  of  household  furniture  not 

more  than i 00 

For  every  piano  forte  not  more  than 2 00 

For  every  load  of  articles  not  enumerated 
above,  not  more  than 50 


For  each  load  carried  to  or  from  any  point  or  points 
beyond  said  limits,  an  extra  charge  may  be  demanded ; 
but  such  extra  charge  shall  not  be  greater  than  at  the 
rate  of  forty  cents  per  mile  on  the  distance  from  said 
point  or  points  to  said  limits,  and  the  same  rates  shall 
be  observed  b}^  all  cartmen  living  and  carrying  on  said 
business  within  the  first  ward.  Any  cartman  who 
shall  demand  any  higher  rate  of  charges  than  as 
herein  specified,  shall  be  subject  to  a fine  of  not  less 
than  ten  nor  more  than  twenty  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less  than 
ten  nor  more  than  thirty  days,  for  each  offense. 

^ 4.  The  committee  of  the  common  council  on  licen- 
ses is.  hereby  authorized  to  make,  from  time  to  time, 
such  regulations  respecting  the  .stands  for  carts,  trucks 
or  wagons,  while  waiting  for  employment,  as  in  its 
judgment  may  be.st  promote  the  public  convenience; 
and  no  cart,  truck  or  wagon  .shall  be  permitted,  by  the 
owner  or  driver  thereof,  to  stand  waiting  for  employ- 
ment in  any  other  public  .street  or  place  in  the  cit}^ 


THE  CITY  OF  SYRACUSE. 


259 


than  as  so  designated.  Any  person  refusing  to  com-  I’enaity. 

ply  with  the  regulations  so  made  shall  be  subject  to  a 

fine  of  not  less  than  five  nor  more  than  fifteen  dollars, 

or  to  imprisonment  in  the  penitentiary  of  the  county 

for  not  less  than  ten  nor  more  than  thirty  days,  for 

each  offense.  The  provisions  of  this  section  shall  not  Exception. 

apply  to  the  first  and  second  wards. 

§ 5.  No  person  or  corporation  shall  use,  cause  or  aii  vehicles 

^ carrying  4,000 

suffer  to  be  used,  any  wagon,  cart  or  other  vehicle,  P"e??ohave 
loaded  with  or  carrying  any  freight  or  material  of  the 
weight  of  four  thou.sand  pounds  or  upwards,  upon  any 
paved,  macadamized  or  improved  street  within  the 
limits  of  the  city  of  Syracuse,  unless  the  tires  upon 
said  wagon,  cart  or  other  vehicle  shall  be  at  least  four 
inches  in  width  ; and  no  person  .shall  use,  cause  or 
suffer  to  be  u.sed  on  such  street,  any  wagon,  cart  or 
other  vehicle  loaded  with  or  carrying  any  freight  or 
material  of  the  weight  of  three  thousand  pounds,  or'i  'ires  three 

inches  wide. 

any  greater  weight  le.ss  than  four  thousand  pounds, 
unless  the  tires  upon  said  wagon,  cart  or  other  vehicle 
shall  be  at  least  three  inches  in  width.  Any  person 
violating  any  of  the  provisions  of  this  section  .shall  be 
subject  to  a fine  of  not  le.ss  than  five  nor  more  than  |.e„aity. 
twenty-five  dollars,  or  to  imprisonment  in  the  peniten- 
tiary of  the  county  for  not  less  than  ten  nor  more  than 
sixty  days,  for  each  offen.se.  The  mayor,  and  alderman 
or  policemen  may  require  any  person  he  shall  suspect 
of  violating  this  ordinance,  to  weigh  the  load  upon  his 
vehicle,  in  order  to  ascertain  the  correctness  of  his 
suspicion.  In  case  the  load  so  weighed  shall  exceed 


26o 


ORDINANCES  OF 


the  limit  above  specified,  the  expense  of  such  weighing- 
shall  be  added  to  the  penalty  above  provided,  otherwise 
it  shall  be  paid  by  the  city. 


CHAPTER  VI. 


CEMETERIES. 

Sexton  of  SECTION  I.  The  cemetery  located  in  the  first  ward, 

first  ward 

cemetery.  and  kiiowii  as  the  “ First  Ward  Cemetery,”  shall  be 
under  the  charge  of  a sexton,  to  be  appointed  by  the 
common  council  annually,  and  shall  be  subject  to  such 
rules  and  regulations  as  may  be  prescribed  by  the  com- 
mittee on  cemeteries  of  the  common  council. 


Sexton  oi  §2.  The  Cemetery  located  in  the  fourth  ward,* 

fourth  ward 

tweifth^wardT  designated  and  known  as  ” Rose  Hill  Cemetery,”  shall 

—his  duties  under  the  charge  of  a sexton  to  be  appointed  by  the 
common  council  annually.  He  shall  reside  in  the 
dwelling  upon  the  cemetery  grounds,  free  of  rent,  and 
shall  keep  the  grounds,  walks,  avenues  and  streets  of 
said  cemetery  in  good  order  and  free  from  obstructions. 
He  shall  as  often  as  once  in  each  month  from  the  15th 
day  of  April  to  the  i6th  day  of  November  in  each  year, 
mow  the  grass  and  remove  the  weeds  and  thistles  from 
the  avenues,  streets  and  walks,  and  from  such  surveyed 
lots  as  are  not  properly  taken  care  of  by  their  respect- 

To  enforce  ive  owiiers.  It  shall  be  his  duty  to  enforce  the  ordi- 

the  ordinances  , , . . ^ , 

and  reguia-  iiaiices  and  regulations  concerning  the  cemetery,  and 

tions. 

he  shall  have  power  to  arrest  all  persons  trespassing  in 


*Now  twelfth  ward. 


THE  CITY  OF  SYRACUSE. 


261 


any  manner  therein ; it  shall  also  be  his  duty  and  he 
shall  have  power  to  direct  how  and  where  any  dead 
body  not  belonging  to  the  owner  of  any  lot  shall  be 
buried,  and  to  prevent  the  burial  of  any  body  in  any 
unsold  lot,  or  any  lot  which  is  the  property  of  another 
without  the  owner’s  consent.  He  shall  not  be  an 
undertaker,  or  connected  with  or  interested  in  any 
undertaking  establishment ; and  he  shall  wear  a badge 
on  his  breast  or  coat  with  the  words  ‘ ‘City  Sexton’  ’ dis- 
tinctly visible  thereon.  In  addition  to  the  duties 
herein  mentioned,  he  shall  dig  all  graves  within  the 
cemetery  grounds  at  the  rates  herein  or  hereinafter  to 
be  established  by  the  common  council,  and  subject  to 
such  regulations  as  may  be  prescribed  by  the  ordinances 
of  the  city. 

§3.  All  applications  for  lots  in  either  of  the  ceme- Sexton  to  sell 

lots  and  issue 

teries,  under  charge  of  sextons  appointed  by  the  com-  certificates, 
mon  council,  .shall  be  made  to  the  sexton  having  the 
grounds  thereof  in  charge,  and  it  shall  be  his  duty  to 
give  such  information  as  may  be  requested.  The  .sex- 
tons shall  each  be  provided  with  a cemetery  map  on 
which  all  lots  which  have  been  or  may  be  dispo.sed  of 
shall  be  de.signated.  They  shall  also  each  be  provided 
with  a book  containing  a list  of  the  un.sold  lots  with 
their  respective  numbers  and  the  valuation  of  each  lot, 
in  which  book  they  shall  enter  all  certificates  granted, 
and  the  name  of  the  person  to  whom  granted.  The 
certificate  shall  specify  the  number  of  the  lot  and  its 
valuation.  On  issuing  a certificate  the  sexton  .shall  be 
entitled  to  receive  fifty  cents  therefor  from  the  appli- 
cant. 


262 


ORDINANCES  OF. 


Cemetery 
deeds— how 
to  be  given. 


Forfeiture 
of  lot. 


Reports— 
how  to  be 
made. 


Fees  for 
digging 
graves. 


§ 4.  If  the  holder  of  a certificate  for  a cemetery  lot 
shall  present  such  certificate  to  the  city  treasurer  and 
pay  over  to  him  the  amount  of  the  valuation  therein 
specified  within  twenty  days  from  the  date  of  such  cer- 
tificate, such  holder  shall  be  entitled  to  a deed  of  such 
lot.  Such  purchaser  on  making  such  payment,  shall 
take  said  treasurer’s  receipt  therefor  and  immediately 
present  the  same  to  the  city  clerk  ; upon  the  receipt  of 
which  the  clerk  shall  cause  an  entry  of  the  sale  to  be 
made,  and  shall  grant  a deed  of  such  lot  to  the  pur- 
chaser, signed  by  the  mayor  and  countersigned  by  him- 
self, and  affix  thereto  the  seal  of  the  cit}’.  If  the  cer- 
tificate is  not  presented  within  the  time  specified,  the 
said  lot  shall  be  forfeited  and  any  body  that  may  have 
been  buried  therein  shall  be  removed  into  the  public 
ground  at  the  expense  of  the  person  obtaining  such 
certificate. 

§ 5.  The  city  treasurer  shall  keep  an  account  with 
the  cemetery  fund,  in  which  all  moneys  received  or 
paid  on  account  of  any  of  the  cemeteries  shall  be  en- 
tered. The  city  clerk  and  city  treasurer  shall  report 
to  the  common  council  annually  a statement  of  the 
several  accounts  kept  by  them.  The  sextons  shall 
each  annually  report  the  number  of  certificates  granted 
by  him  during  the  year,  with  a de.scription  of  the  lots, 
the  names  of  the  person  to  whom  granted,  and  the  date 
of  each  certificate. 

§6.  The  graves  dug  by  the  sextons  shall  be  of  the' 
depth  of  five  feet,  and  the  rates  of  compensation  for 
digging  and  filling  up  the  same  shall  be  as  follows: 


THE  CITY  OF  SYRACUSE. 


263 


For  box  graves  for  children  under  ten  years.  .$2  00 
For  plain  graves  for  children  under  ten  years,  i 50 
For  box  graves  for  persons  over  ten  years.  . . 2 25 
For  plain  graves  for  persons  over  ten  years.,  i 75 
For  taking  up  a body  and  refilling  a grave. . 4 00 

In  case  of  reburial  of  such  body  the  regular  fee  for 
the  same  shall  be  added  to  the  above. 

§ 7.  Any  person  who  shall  leave  any  horse  or  vehicle  Not  to 

obstruct 

Standing  in  any  avenue,  street  or  path  in  any  of  said 
cemeteries  or  who  shall  fasten  or  cause  to  be  fastened, 
any  horse  therein  at  any  other  place  than  at  the  posts 
provided  for  that  purpose,  or  shall  leave  any  horse  un- 
fastened therein,  or  shall  cut,  break  or  in  any  manner 
injure  or  destroy  any  tree,  shrub  or  plant,  or  pick.  Not  to^injure 
crush,  gather  or  in  any  manner  destroy  any  flower, 
either  wild  or  cultivated,  or  any  herbage,  or  the  fruit 
or  product  of  any  such  tree,  shrub  or  plant  within  any 
of  the  cemeteries  aforesaid;  or  shall  write  upon,  soil, 
deface,  remove,  displace  or  in  any  manner  injure  or  nol  to  deface 

or  displace 

destroy  any  monument,  fence,  stake,  post  or  other 
structure  in  or  belonging  to  any  of  the  said  cemeteries  ; 
or  shall  deposit  or  cause  to  be  deposited,  any  filth  or  Not  to  deposit 

filth  in,  etc. 

unclean  or  offensive  substance  therein ; or  shall  dis- 
charge any  firearms  in  either  of  the  said  cemeteries,  or 
any  other  place  within  the  city,  with  the  intent  that 
the  contents  thereof  shall  enter  either  of  the  said  ceme- 
teries, shall  be  subject  to  a fine  of  not  less  than  three  I'enaity. 
nor  more  than  ten  dollars,  or  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  ten  nor  more,,,.,, 
than  thirty  days  for  each  offense.  Children  under  the  not't'o  cnter.^ 


264 


ORDINANCES  OF 


Children’s 
carriages 
not  allowed 
to  enter. 


Keeper  of 


To  be  kept  in 
good  order. 


When  to  be 
displayed. 


age  of  twelve  years  are  hereby  prohibited  from  entering 
or  visiting  Rose  Hill  cemetery,  or  any  other  cemetery 
within  the  limits  of  the  city  of  Syracuse,  unless  ac- 
companied by  their  parents  or  proper  guardians,  and 
children’s  carriages  are  strictly  prohibited  from  enter- 
ing said  cemetery  grounds,  unless  permission  first  be 
obtained  from  the  proper  authority. 


CHAPTER  VH. 

CITY  FLAGS. 

Section  i.  The  chief  engineer  of  the  fire  depart- 
ment shall  be  the  keeper  of  the  city  flags  and  flag- 
staffs. 

§ 2.  He  shall  see  that  the  several  flags  are  kept  clean 
and  in  good  order,  and  shall  not  allow  them  to  be  used 
for  any  other  purposes  than  those  specified  in  this 
chapter.  He  shall  also  see  that  each  staff  is  properly 
painted,  and  as  far  as  practicable  protected  from  decay, 
and  that  suitable  halyards  are  furnished  to  each  staff. 

§ 3.  He  shall  cause  each  flag  to  be  displayed  upon 
its  staff  from  sunrise  until  sunset  on  the  fourth  day  of 
July,  the  twenty-second  day  of  PAbruary  and  the 
thirtieth  day  of  May  in  each  year,  except  when  said 
days  shall  occur  upon  Sunday,  in  which  case  said 
flags  shall  be  so  displayed  on  the  Monday  next  follow- 
ing, also  upon  the  day  of  the  inauguration  of  the  city 


THE  CITY  OF  SYRACUSE. 


265 


government,  and  also  upon  the  day  of  the  inauguration 
of  the  president  of  the  United  States,  and  at  such  other 
times  and  in  such  manner  as  the  mayor  or  common 
council  may,  from  time  to  time,  direct. 

§ 4.  Any  person  who  shall  deface  or  iniure  any  such  Penalty  for 
flag,  flag-staff,  or  the  halyards  belonging  to  the  same, 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more 
than,  one  hundred  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  ten  days 
nor  more  than  three  months,  for  each  offense. 


CHAPTER  VIII. 

CITY  HATE. 

vSection  I.  The  standing  committee  of  the  common  Committee  on 

city  hall  to 

council  designated  as  the  Committee  on  City  Hall,  general 

’ charge  of 

shall  have  the  general  charge,  care  and  custody  of  the 
said  building,  its  fixtures,  furniture  and  the  grounds 
about  the  same;  it  shall  have  power  to  direct  the 
cleaning  and  keeping  in  order  of  the  same ; to  prevent 
the  occupation  of  any  part  of  the  building  or  grounds 
by  unauthorized  persons,  and  the  improper  assembling 
of  persons  therein  ; to  direct  the  repairs  on  the  build- 
ing and  furniture  therein ; to  permit  the  temporary  use 
of  the  building  (or  such  parts  as  are  not  specially  ap- 
propriated), for  meetings  of  citizens  for  objects  of  a 
general  public  interest ; and  to  fix  the  rates  to  be  paid 
for  the  use  of  the  same. 


266 


ORDINANCES  OF 


Description. 


CHAPTER  IX. 

CITY  SEAL. 

Section  i . The  seal  hereafter  to  be  used  by  the  city 
of  Syracuse  shall  be  as  herein  described,  to  wit : — 

In  the  center  a locomotive  with  train  of  cars  and 
section  of  railroad  bridge  over  a canal,  in  the  back- 
ground a row  of  salt  blocks,  hills  and  the  rising  sun 
surmounted  by  the  words  “Central  City,’’  in  the  fore- 
ground a solar  salt  field,  canal  and  loaded  canal  boat 
with  a team  of  horses  and  their  driver  towing  the  same, 
beneath  which  are  the  words  and  figures,  ‘ ‘ City  of 
Syracuse,  1848,“  which  seal  represented  as  aforesaid 
and  hereto  annexed,  shall  be,  and  is  hereby  established 
and  declared  to  be,  hereafter  the  common  seal  of  the 
city  of  vSyracuse. 


THE  CITY  OF  SYRACUSE. 


267 


CHAPTER  X. 

DOCUMENTS  AND  RECORDS. 

Section  i.  No  person  or  persons  shall  carr}'  out  or  Documents 

not  to  be  taken 

remove  any  papers,  specifications,  plans,  documents, 
or  records  or  any  property  whatsoever  belonging  to  the 
city  from  any  room  or  department  in  the  city  hall 
building,  except  under  direction  of  the  ma3^or  or 
common  council. 

Any  person  violating  any  provision  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  twenty-five  Penalty, 
nor  more  than  one  hundred  dollars,  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  not  less  than 
thirty  days,  nor  more  than  three  months,  for  each 
offense. 

^2.  The  city  clerk  shall  keep  a record  of  all  real  city  clerk  to 

keep  a record 

property  and  interest  in  real  property  acquired  by  liie  own^i  bv  cRy 
city,  and  shall  provide  and  keep  for  the  purpose  a 
suitable  book,  which  shall  contain  the  following  entries 
relating  to  such  property,  together  with  such  additional 
data  in  any  particular  case  as  he  shall  deem  important. 

OJ  deeds  of  property: — 

1 . The  name  of  the  grantor. 

2.  The  character  of  the  conveyance,  whether  (piit 
claim,  warranty,  or  full  covenant  deed,  etc. 


3.  The  date  of  conveyance. 


268 


ORDINANCES  OF 


4.  The  consideration. 

5.  A description  of  the  premises. 

6.  All  reservations,  exceptions  and  conditions  con- 
tained in  the  conveyance  and  any  other  portion  of  such 
conveyance  which  affects  the  interests  or  estate  con- 
veyed. 

7.  The  date  when,  and  the  book  and  page  where 
such  deed  is  recorded  in  the  office  of  the  clerk  of  Onon- 
daga county. 

8.  The  date  of  the  acceptance  of  such  conveyance 
by  the  common  council.  • 

Of  la?ids  acquired  under  statutory  proceedmgs : — 

9.  In  case  of  lands  or  any  interest  therein  that  have 
been  or  shall  hereafter  be  acquired  by  proceedings 
taken  under  any  statute,  che  said  record  shall  contain 
a description  of  the  premises  and  a full  statement  of 
such  proceedings  with  a reference  to  the  official  record 
thereof  in  the  county  clerk’s  office,  and  all  maps  relat- 
ing thereto 

Of  la?ids  dedicated  to  public  use  by  the  Syracuse  Com- 
pa7iy  and  other  parties  : — 

10.  In  case  of  lands  that  have  been  dedicated  to 
public  use  by  the  Syracuse  company,  or  that  have  been 
or  may  hereafter  be  so  dedicated  by  any  party,  where 
no  actual  conveyance  has  been  made,  there  shall  be 
entered  a description  of  such  lands,  with  date  and  man- 


THE  CITY  OF  SYRACUSE. 


269 


iier  of  dedication  with  a reference  to  any  matter  of 
record,  and  to  all  maps  relating  thereto.  There  shall 
also  be  entered  any  improvement  or  other  act  done  by 
the  city,  declaring  or  indicating  an  intent  to  accept 
said  lands  for  public  use. 


CHAPTER  XI. 

DOGS. 

Section  i.*  After  the  first  day  of  August  next  it  Dogs  must  be 

lincensed. 

shall  not  be  lawful  for  any  dog  or  bitch  to  run  or  to  be 

at  large  in  any  of  the  streets,  alleys,  parks  or  public 

places,  within  the  city  of  Syracuse,  without  being  duly 

licensed,  and  wearing  a metal  tag  as  hereinafter  pro-  Must  wear 

vided.  Such  license  may  be  granted  upon  application 

to  the  city  clerk,  and  shall  be  signed  by  him  and  the 

mayor,  and  shall  continue  in  force  until  the  fifteenth  Licenses  ex- 
pire on  15th 

day  of  April  next  after  the  granting  thereof.  livery 
person  receiving  such  license  shall  pay  to  the  city  clerk 
for  the  use  of  the  city  of  Syracuse  the  sum  of  fifty  cents  Fees, 
for  every  dog,  and  the  sum  of  one  dollar  for  every 
bitch  so  licensed. 

Any  dog  or  bitch  so  licensed  must  wear  around  its 
neck  a collar,  to  which  shall  be  attached  a metal  tag,  pags  must  be 

numbered. 

distinctly  marked  with  a number  designated  by  the 
city  clerk,  and  stated  in  the  license  granted  ; such  metal 
tag,  shall  be  furnished  by  the  city  of  Syracuse,  and 
any  person  receiving  one  shall  pay  therefor  the  sum  of 

*As  amended  May  iith,  1891,  and  June  26th,  1893. 


ORI)INA.\XES  OF 


270  ORDINAAXES  OF 

twenty-five  cents.  The  use  of  any  other  tag  as  a sub- 
stitute for  those  furnished  by  the  city  is  hereby  strictly 

forbidden. 

City  clerk  to 
keep  record 
of  licenses. 

The  city  clerk  shall  keep  a record  of  all  dog  licenses 
granted,  which  shall  show  the  name  and  residence  of 
the  person  to  whom  issued,  together  with  the  number 
designated  upon  the  metal  tag  furnished  therewith. 

Penalty. 

Any  person  violating  an}"  of  the  provisions  of  this  sec- 
tion shall  be  subject  to  a fine  of  not  less  than  five  nor 
more  than  ten  dollars ; or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  ten  or  more 
than  thirty  days,  for  each  offense. 

Mayor  to 
designate 

§ 2.  It  shall  be  lawful  for  the  pound  keeper,  any 

toTelze^dogs  policemati,  or  any  person  authorized  in  writing  by  the 
wit  out  tags.  gQ  capture,  seize  and  deliver  to  the 


Dogs  im- 
pounded— 
how  dis- 
posed of. 

public  pound,  or  any  place  designated  by  the  mayor, 
any  dog  or  bitch  found  running  at  large  in  any  of  the 
streets,  alleys,  parks  or  public  places  within  the  city  of 
Syracuse,  without  having  the  metal  tag  attached  as 
provided  in  section  i of  this  chapter. 

Any  dog  or  bitch  so  impounded  may  be  redeemed 
by  any  person  producing  the  license  thereof,  within 
forty- eight  hours  after  capture,  upon  payment  to  the 
pound-keeper  of  the  sum  of  two  dollars. 

Penalty  for 
interference. 

All  dogs  or  bitches  not  redeemed  within  seventy-two 
hours  after  capture  shall  be  killed  by  the  pound-keeper. 
Any  person  who  shall  interfere  with  the  pound-keeper, 
any  policeman  or  any  such  authorized  person,  while 
seeking  to  capture  any  dog  or  bitch  shall  be  subject  to 

THE  CITY  OF  SYRACUSE. 


271 


a fine  of  not  less  than  five  nor  more  than  ten  dollars,  or 

to  imprisonment  in  the  penitentiary  for  not  less  than 

five  nor  more  than  ten  days,  for  each  offense.  Any 

authorized  person,  other  than  the  pound-keeper  or  a 

policeman,  capturing  and  delivering  a dog  and  bitch  to 

the  public  pound,  shall  be  entitled  to  receive  from  the  Compensation 

for  capturing, 

pound  keeper,  one  half  of  the  money  paid  to  redeem 
such  dog  or  bitch.  Such  authorized  person  shall  also 
be  entitled  to  receive  from  the  city  of  Syracuse,  for 
each  dog  or  bitch  captured  by  him  and  killed  by  the 
pound-keeper,  the  sum  of  fifty  cents,  to  be  paid  from 
the  contingent  fund.  The  pound-keeper  shall  make  a Pound-keeper 

to  report  to 

sworn  report  to  the  common  council,  upon  the  first 
day  of  each  month,  showing  the  number  of  dogs  and 
bitches  killed  by  him,  and  by  whom  captured  during 
the  preceding  month. 

§ No  licensed  dog  or  bitch  shall  be  permitted  to  !><>«:«  must 

be  muz/. led 

run  or  be  at  large  in  any  of  the  streets,  alle3'S,  parks  or  |^st\Tnd  Sep-''" 
public  places  within  the  city  of  Syracuse,  between  the^*^'”*^^’ 
first  day  of  July  and  the  fifteenth  day  of  vSeptember 
without  being  securely  muzzled  with  a wire  muzzle 
fastened  with  a chain  or  strap,  and  it  shall  be  lawful 
for  the  pound-keeper,  any  policeman,  or  any  person 
authorized  in  writing  by  the  mayor  or  chief  of  police 
so  to  do,  to  capture,  seize  and  deliver  to  the  public  i^’„„nizzied 
pound  or  any  place  designated  by  the  mayor,  aii}^  such  Sedl^'iifd 

impounded. 

unmuzzled  dog  or  bitch  found  running  at  large  in  the 
city. 

Such  unmuzzled  dog  or  bitch  may  be  redeemed,  by 
any  person  producing  the  license  therefor,  within  ^ev- 


Compensation 
for  catcher. 


Report  to 

common 

council. 


Penalty  for 
interferance. 


Ownership  of 
dogs — how 
determined. 


Penalty  for 
refusal  to 
obtain  license. 


272  ORDINANCES  OF 

enty-two  hours  after  the  capture,  and  upon  payment  to 
the  pound-keeper  of  the  sum  of  two  dollars.  Any  such 
authorized  person,  other  than  the  pound-keeper  or  a 
policeman,  capturing  and  delivering  such  unmuzzled 
dog  or  bitch  to  the  public  pound,  shall  be  entitled  to 
receive  from  the  city  of  Syracuse,  for  such  unmuzzled 
dog  or  bitch  captured  by  him  and  killed  by  the  pound- 
keeper,  the  sum  of  fifty  cents,  to  be  paid  from  the  con- 
tingent fund. 

The  pound-keeper  shall  make  a sworn  report  to 
the  common  council,  upon  the  first  day  of  each  month, 
showing  the  number  of  unmuzzled  dogs  and  bitches 
killed  by  him,  and  by  whom  captured,  during  the  pre- 
ceding month.  Any  person  who  shall  interfere  with 
the  pound-keeper,  any  policeman  or  aii}^  such  author- 
ized person,  while  seeking  to  capture  an  unmuzzled 
dog,  shall  be  subject  to  a fine  of  not  less  than  five  nor 

more  than  twenty-five  dollars,  or  to  imprisonment  in 

« 

the  penitentiary  of  the  county  for  not  less  than  ten  nor 
more  than  thirty  days,  for  each  offense. 

§ 4.  Any  person  owning  a dog  or  bitch  or  harboring 
a dog  or  bitch  upon  premises  occupied  by  him  or  her, 
for  three  consecutive  days,  shall  be  deemed  to  be  the 
owner  thereof,  and  upon  neglect  or  refusal  to  obtain  a 
license  for  such  dog  or  bitch,  as  provided  in  this  chap- 
ter, shall  be  subject  to  a fine  of  not  less  than  three  nor 
more  than  ten  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  five  nor  more 
than  ten  days,  for  each  offense. 


THE  CITY  OF  SYRACUSE. 


2/3 


CHAPTER  XII. 

DISORDERLY  HOUSES. 

Section  i.  An}^  person  who  shall  keep  or  maintain,  houTel^-keep- 
or  be  an  inmate  of  or  in  any  way  connected  with  or  in  ° 
any  way  contribute  to  the  support  of  any  disorderly 
house,  or  house  of  ill-fame  or  place  for  the  practice  of 
fornication,  or  knowingly  own  or  be  interested  as  pro- 
prietor or  landlord  of  any  such  house,  shall  be  subject 
to  imprisonment  in  the  penitentiary  of  the  county  for  Penalty, 
not  less  than  thirty  days  nor  more  than  three  months, 
or  to  a fine  of  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars. 

§2.  Any  female  who  shall  be  found  loitering  or -Street  stroii- 
strolling  about  the  streets  of  the  city,  by  day  or  night, 
without  any  regular  lawful  business,  or  who  shall  be 
convicted  of  being  a prostitute,  shall  be  subject  to  a 
fine  of  not  less  than  ten  nor  more  than  fifty  dollars,  or  penalty, 
to  imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  thirty  days  nor  more  than  three  months. 

§ 3.  Any  person  who  shall  keep  or  be  an  inmate  ^nd 

a gaming  house  or  room,  or  any  person  who  shall  visit 
such  gaming  house  or  room,  shall  be  subject  to  a fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months.  Any  person  who  shall  have,  or  keep,  uambiing: 

instruments 

or  permit  to  be  used  in  any  building  or  place  in  the  to  be  used. 


ORDINANCES  OF 


Penalty. 


Resistance  to 
officers. 


Penalty. 


Pool  tables  in 
saloons,  etc. 


Penalty. 


274 

city,  occupied  or  controlled  by  such  person,  any  E.  O. 
table,  keno  or  roulette  table,  faro  bank,  shuffle  board, 
bagatelle,  playing  cards,  or  any  instrument  or  device 
or  thing  used  for  gambling,  whereon  or  with  which 
money,  liquor  or  other  articles  shall  in  any  manner  be 
played  for,  shall  be  subject  to  a fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  thirty  days  nor  more  than  three 
months,  or  both  such  fine  and  imprisonment,  for  each 
offense.  Any  owner  or  keeperof,  or  any  person  within 
such  gaming  house  or  room,  who  shall  refuse  to  permit 
the  mayor,  any  alderman,  the  police  justice,  chief  of 
police,  or  any  policeman  to  enter  the  same,  or  shall 
obstruct  or  resist  any  of  the  aforesaid  officers  (or  persons 
summoned  by  them  to  assist),  in  entering  such  place, 
or  in  the  destruction  of  any  instruments  or  devices 
employed  in  gambling  in  such  places,  shall  be  subject 
to  a fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars  or  to  imprisonment  in  the  penitentiar}^  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months  or  both  such  fine  and  imprisonment,  for 
each  offense. 

§ 4.  Any  person  who  shall  keep  a pool  table  in  any 
saloon,  room  or  place  where  beer  or  liquors  of  any  kind 
are  sold  or  drank,  and  shall  permit  or  allow  any  person 
who  is  under  the  age  of  eighteen  years  to  play  pool 
thereon,  .shall  be  subject  to  a fine  of  not  less  than  ten 
nor  more  than  fifty  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 


THE  CITY  OF  SYRACUSE 


275 


nor  more  than  three  months,  for  each  offense,  and  one- 
half  of  such  fine  shall  be  paid  to  the  informer,  when 
the  same  shall  be  paid. 

§5.  The  mayor,  police  justice,  chief  of  police,  any 
alderman  or  policeman,  or  person  summoned  by  them 
or  by  any  of  them  to  aid  them,  may  enter  any  disorderly 
house,  house  of  ill  fame,  house  of  prostitution  or 
assignation,  or  gaming  house  or  room,  and  arrest,  with 
or  without  warrant,  any  suspicious  persons  found 
therein  and  destroy  any  instruments  or  devices  em-  May  destroy 

instruments, 

ployed  in  gambling  in  such  places,  and  if  admission  be 
refused,  may  enter  by  force,  by  breaking  the  doors  or 
otherwise. 


CHAPTER  XIII. 

EXHIBITIONS. 

Section  i.  No  person  shall  exhibit  for  money  any 
theatrical  reprCvSentation,  concert,  caravan,  circus,  feats  etc!^^  licensed, 
of  horsmanship,  or  other  natural  or  artificial  curiosity, 
or  open  or  maintain  any  hall  or  rink  for  skating  or 
other  amusement  for  the  public  for  entrance  to  which 
a fee  shall  be  charged,  or  for  hire,  without  first  obtain- 
ing a license  therefor.  Such  license  may  be  granted 
by  the  mayor  or  common  council  upon  payment  of  a 
license  fee  of  not  to  exceed  fifty  dollars  for  a single 
exhibition,  the  amount  to  be  in  the  discretion  of  the 
mayor  or  common  council.  The  license  shall  specify 
the  object  and  the  length  of  time  for  which  it  has  been 


276 


ORDINANCES  OF 


Penalty. 


Exhibitions 
exempt  from 
license. 


Indecent 
exposure  of 
person,  or  ex- 
hibition, lewd 
books  and 
pictures. 


issued.  It  shall  be  the  duty  of  the  person  so  licensed 
to  keep  good  order  in  and  about  his  place  of  exhibition 
or  amusement,  and  for  that  purpose  to  keep,  at  his 
own  expense,  a sufficient  police  force.  Any  person 
who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars,  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  not  less  than 
thirty  days  nor  more  than  three  months,  and  to  a like 
fine  or  imprisonment  for  every  day  such  person  shall 
continue  such  exhibitions,  in  violation  hereof,  after  the 
first  conviction. 

No  license  shall  be  required,  however,  for  musical 
parties,  concerts,  theatrical  representations  or  exhi- 
bitions of  paintings,  or  statuary  given  or  made  by 
citizens  of  the  city,  who  shall  not  make  such  exhibi- 
tion, musical  parties,  concerts  or  theatrical  representa- 
tions for  a business  or  profession. 

^ 2.  Any  person  who  shall  within  the  city  appear 
in  a state  of  nudity,  or  in  a dress  not  belonging  to  his 
or  her  sex,  or  in  an  indecent  or  lewd  dress,  or  make  an 
indecent  exposure  of  his  or  her  person,  or  shall  sell  or 
offer  for  sale  any  indecent  or  lewd  book,  picture  or 
other  thing,  or  shall  exhibit  or  perform  any  indecent 
or  immoral  play  or  other  representation  or  shall  exhibit 
or  cause  or  permit  to  be  exhibited  on  any  bill-board,  or 
in  any  window,  or  in  any  public  place  in  the  city,  any 
lewd,  immoral  or  obscene  picture,  or  illustrated  paper 
containing  an  immoral  picture  or  printed  matter,  shall 


THE  CITY  OF  SYRACUSE. 


277 


be  subject  to  a fine  of  not  less  than  fifteen  dollars  nor  Penalty, 
more  than  one  hundred  dollars,  or  to  imprisonment  in 
the  penitentiary  of  the  county  for  not  less  than  thirty 
days  nor  more  than  three  months,  or  both  such  fine 
and  imprisonment,  for  each  offense. 

§ 3.  No  undertaker  or  other  person  shall  exhibit  a.ny  Undertakers 

not  allowed  to 

coffin,  shroud  or  other  habiliment  of  the  grave  upon  exhibit  coffins. 

etc.,  in  show 

any  sidewalk,  in  any  show  window  or  other  place 
where  the  same  may  be  observed  by  one  passing  upon 
any  street  or  sidewalk  of  the  city.  Any  person  who  penalty 
shall  violate  any  of  the  provisions  of  this  section  shall 
be  subject  to  a fine  of  ten  dollars,  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  ten  days,  or  to 
both  such  fine  and  imprisonment  for  each  offense. 

§ 4.  No  undertaker  or  other  person  or  persons  shall  Bodies  of  dead 

persons  not  to 

exhibit  in  any  public  place  or  in  any  building  where exhibited, 
the  same  shall  be  visible  from  any  street,  square  or 
alley,  the  remains  of  any  person  who  has  died  by  acci- 
dent or  otherwi.se.  Any  person  violating  any  of  the  Penalty, 
provisions  of  this  .section  shall  be  subject  to  a fine  of 
ten  dollars,  or  to  imprisonment  for  ten  days,  or  to  both 
such  fine  and  imprisonment  for  each  offen.se. 


CHAPTER  XIV. 


FIRE  ALARM  TELEGRAPH. 


Section  i.  Any  person  who  shall  make,  or  cause  Making  or 
to  be  made,  or  have  in  his  possession,  anykey,  im- wiulout  pei- 

mission. 

pression  or  duplicate  of  any  signal  box  of  the  fire  alarm 


278 


ORDINANCES  OF 


Penalty. 


Giving  false 
alarm,  or 
injuring 
apparatus. 


Penalty. 


Wires  not  to 
cross,  etc. 


telegraph  in  this  city  without  the  express  permission 
or  authority  of  the  board  of  fire  commissioners,  shall 
be  subject  to  a fine  of  not  less  than  ten  nor  more  than 
fifty  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  thirty  days  nor  more  than 
three  months  for  each  offense. 

§ 2.  No  person  shall  give,  or  cause  to  be  given,  a 
false  alarm,  with  intent  to  deceive,  or  pull  the  slide  of 
any  station  or  signal  box  except  in  case  of  fire  in  said 
city,  or  transfer,  meddle  or  in  any  way  interfere  with 
said  signal  boxes,  or  any  part  thereof,  or  cut,  break, 
injure,  deface  or  remove  any  of  said  boxes  or  any  part 
thereof,  connected  with  any  part  of  said  fire  alarm 
telegraph,  or  make  any  connection  or  communication 
therewith,  so  as  to  interrupt  or  interfere  with  the 
proper  working  of  the  same,  or  with  intent  to  injure, 
break  or  destroy  any  machinery  or  fixtures  connected 
therewith.  Any  person  violating  any  of  the  provis- 
ions of  this  section  shall  be  subject  to  a fine  of  not  less 
than  fifty  nor  more  than  one  hundred  dollars,  or  to 
imprisonment  in  the  penitentiary  of  the  county  for  not 
less  than  thirty  days  nor  more  than  three  months,  or 
both  such  fine  and  imprisonment. 

§ 3.  No  corporation  or  person  shall  cause  any  tele- 
graph, telephone,  electric  light  or  other  wire,  to  be 
erected  so  as  to  cross  or  to  pass  along  the  line  of  the 
fire  alarm  telegraph,  above  the  wire  used  by  said  fire 
alarm  telegraph.  Any  corporation  or  person  who  shall 
violate  any  of  the  provisions  of  this  section  shall  be  sub- 
ject to  a fine  of  not  less  than  twenty-five  nor  more  than 


Penalty. 


THE  CITY  OF  SYRACUSE. 


279 


one  hundred  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  thirty  days  nor 
more  than  three  months. 


CHAPTER  XV. 

FIRE  ARMS,  FIRE  WORKS,  ETC. 

Section  i.  Any  person  who  shall  discharge  any  Discharging 

fire  arms  or 

cannon,  gun,  fowling  piece,  pistol,  revolver,  or  forbidden 
arms  of  any  description,  or  explode  or  set  off  any 
squib,  fire  cracker,  or  other  combustible  material, 
within  the  city  limits,  without  permission  from  the 
common  council  or  written  permission  from  the 
mayor,  shall  be  subject  to  a fine  of  not  less  than 
two  nor  more  than  ten  dollars,  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  not  less  than 
five  nor  more  than  thirty  days,  for  each  offense.  And 
any  person  who  shall  violate  any  of  the  provisions  of 
this  section  after  the  hour  of  eight  o’clock  in  the  evening, 
shall  be  subject  to  a fine  of  not  less  than  ten  nor  more  Penalty, 
than  fifty  dollars,  or  to  imprisonment  in  the  peniten- 
tiary of  the  county  for  not  less  than  thirty  days  nor 
more  than  three  months,  for  each  offense. 

§ 2.  Any  person  who  shall  without  permission  of  the  Blasting 
common  council,  or  written  permission  of  the  mayor,  without^ 

permission. 

discharge  or  let  off  any  blast  of  gun-powder  or  other 
explosive  material,  in  the  streets  or  elsewhere  within 
the  bounds  of  the  city,  or  direct  or  procure  such  dis- 
charge or  be  accessory  thereto,  shall  be  subject  to  a 


28o 


ORDINANCES  OF 


Penalty. 


Fire  limits 


Limits  in 
which  no 
wooden  build- 
ings can  be 
constructed. 


fine  of  not  less  than  five  nor  more  than  twenty-five 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  ten  nor  more  than  sixty  days, 
for  each  offense. 


CHAPTER  XVI.  ■ 

FIRE  LIMITS. 

Section  i.  The  entire  territor}'  included  within  the 
boundaries  of  the  city  of  Syracuse  shall  constitute  the 
fire  limits  of  said  city. 

§ 2.  No  wooden  or  frame  building  shall  be  built,  or 
added  to  if  already  built,  any  part  of  which  shall  be 
more  than  fifteen  feet  in  height,  or  the  area  more  than 
two  hundred  square  feet,  within  the  following  described 
boundaries,  viz : Beginning  at  the  intersection  of  the 
foot  of  West  Adams  street  and  Onondaga  creek,  along 
West  Adams  street  and  East  Adams  street  to  Montgom- 
ery street,  along  Montgomery  street  to  Cedar  street, 
along  Cedar  street  to  Mulberry  street,  along  Mulberry 
street  to  Lock  street,  along  Lock  street  to  Laurel  .street, 
thence  northeasterly  along  Union  street  to  Butternut 
.street,  thence  northeasterly  along  Butternut  street  to 
Townsend  .street,  thence  northea.sterly  along  Townsend 
street  to  Isabella  street,  thence  .south we.sterly  along 
Isabella  .street  to  Lock  street,  thence  southea.sterly 
along  Lock  .street  to  Salt  street,  thence  southerly  along 
Salt  .street  to  Laurel  street,  thence  south  we.sterly  along 
Laurel  .street  and  its  .south  line  ])rojected  to  Onondaga 
creek,  thence  we.sterly  along  West  Gene.see  street  to 


THE  CITY  OF  SYRACUSE. 


281 


North  West  street,  thence  southerly  along  North  West 
street  to  Tracy  street,  thence  southwesterly  along 
Tracy  street  to  a point  opposite  the  center  of  Wyoming 
street,  thence  southerly  to  and  along  Wyoming  street 
to  Otisco  street,  thence  easterly  along  Otisco  street  to 
South  West  street,  thence  northerly  along  South  West 
street  to  West  Jefferson  street,  thence  easterly  along 
West  Jefferson  street  to  the  Onondaga  creek,  thence 
southerly  along  said  creek  to  West  Adams  street,  the 
place  of  beginning. 

§ 3.  No  wooden  building,  or  part  of  such  building  Removal  or 

enlargement 

situated  within  the  boundaries  described  in  the  forego-  buildings 

on  hre  limits — 

ing  second  section,  shall  be  raised,  enlarged  or  removed 
from  one  place  to  another  within  the  said  boundaries, 
nor  shall  any  such  building  be  removed  from  without 
to  any  place  within  the  said  boundaries.  No  wooden 
buildings  within  said  boundaries  which  may  hereafter 
be  damaged  to  the  extent  of  fifty  per  cent  of  the  value 
thereof,  shall  be  repaired  or  rebuilt,  nor  shall  any  build- 
ing, when  the  damage  to  the  same  shall  be  less  than 
fifty  per  cent,  be  so  repaired  as  to  be  raised  higher  than 
the  highest  point  left  standing  after  such  damage  shall 
have  occurred,  and  then  only  by  permission  of  the  fire 
marshal.  The  amount  of  damages  aforesaid  shall  be 
determined  by  the  fire  marshal. 

§4.  All  depositories  for  ashes  within  the  fire  limits  Depositories 
of  the  city  shall  be  built  of  brick  or  stone,  or  other  fire-  imw  tVbe 

constructed. 

proof  material,  without  wood  or  other  combustible 
material  in  any  part  thereof.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to 


282 


ORDINANCES  OF 


Penalty. 


Penalties  for 
erecting  or 
removing 
buildings  on 
fire  limits. 


No  wooden 
buildings  to 
be  built  with- 
out permis- 
sion of  fire 
marshal. 


a fine  of  not  less  than  five  nor  more  than  twenty-five 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  ten  nor  more  than  sixty  days 
for  each  offense,  and  to  a like  fine  or  to  a like  impris- 
onment for  every  twenty-four  hours  such  violation 
shall  continue  after  the  first  conviction. 

§ 5.  Any  owner,  builder  or  other  person  who  shall 
build  or  aid  in  the  erection  of  any  building  or 
part  of  a building  within  the  boundaries  described 
in  the  second  section  of  this  chapter,  contrary  to, 
or  in  any  other  manner  than  authorized  by  the 
foregoing  provisions  of  this  chapter,  or  who  shall 
remove  or  assist  in  removing  any  wooden  building 
from  one  place  to  another  within  the  said  boundaries 
or  from  without  said  boundaries  to  any  place  within 
the  same,  or  repair  or  assist  in  repairing  any  damaged 
wooden  building,  contrary  in  either  case  to  any  of  the 
foregoing  provivsions  of  this  chapter,  shall  be  subject  to 
a fine  of  not  less  than  twent3^-five  nor  more  than  one 
hundred  dollars,  or  to  imprisonment  in  the  penitentiary 
of  the  county  for  not  less  than  thirty  days  nor  more 
than  three  months,  and  to  a like  fine  or  to  a like  im- 
prisonment for  every  forty-eight  hours  such  person 
shall  fail  to  comply  with  the  provisions  of  this  chapter, 
or  continue  in  violation  thereof. 

^6.  No  wooden  building  or  wooden  structure  of  any 
description  shall  be  built  or  constructed,  nor  shall  any 
such  building  or  structure  be  enlarged  or  raised  within 
the  fire  limits  of  the  city  and  without  the  boundaries 
described  in  the  second  section  of  this  chapter,  without 


THE  CITY  OF  SYRACUSE. 


283 


the  permission  of  the  fire  marshal  in  writing.  Any  Penalty, 
person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less  than 
tliirty  days,  nor  more  than  three  months,  and  to  a like 
fine  or  to  a like  imprisonment  for  every  twenty-four 
hours,  after  the  first  conviction,  such  person  shall  neg- 
lect or  refuse  to  comply  with  the  order  of  the  fire 
marshal  in  the  premises. 

§ 7.  No  wooden  building  or  wooden  structure  of  any  Nobuiidinj?- 

1 • • 1 11  1 1 r to  be  moved 

description  shall  be  moved  from  one  place  to  another  without  per- 
mission of 

within  the  fire  limits  and  without  the  boundaries  de- 

council  and 

scribed  in  the  second  section  of  this  chapter,  or  from  [IJ 
without  to  any  point  within  said  fire  limits  without 
the  permission  of  the  common  council  and  the  fire 
marshal  in  writing.  Any  person  violating  any  of  the  i>enaity. 
provisions  of  this  section  .shall  be  subject  to  a fine  of 
not  less  than  twenty  nor  more  than  fifty  dollars,  or  to 
impri.sonment  in  the  penitentiary  of  the  county  for  not 
less  than  thirty  days  nor  more  than  three  months,  and 
to  a like  fine  or  to  a like  imprisonment  for  every 
twenty-four  hours  after  the  first  conviction  such  person 
shall  neglect  or  refuse  to  comply  with  the  orders  of 
the  common  council  or  of  the  fire  marshal. 

§8.  No  fence,  nor  bill-advertising  or  sign-board  no  fence, 

. . bill-adver- 

against  or  upon  the  line  of  any  fence,  shall  be  erected  or 

sij^n  board  to 

within  the  city  limits  to  a greater  height  than  six  and 
one-half  feet  from  the  ordinary  surface  of  the  ground,  wituifiu  iS- 
without  permission  first  had  by  resolution  of  the  com- 


284 


ORDINANCES  OF 


Penalty.  moii  council  approved  by  the  mayor.  Any  person 
violating  any  provision  of  this  section  shall  be  subject 
to  a fine  of  not  less  than  ten  nor  more  than  twenty- 
five  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  thirty  nor  more  than  sixty 
days,  and  a like  fine  or  a like  imprisonment  for  each 
day  that  any  fence,  bill-advertising  or  sign-board, 
erected  in  violation  hereof  shall  remain  after  notice  to 
remove  the  same. 


Buildings 
with  twenty- 
five  or  more 
occupants  to 
erect  fire 
escapes. 


§ 9."^  All  owners  of  a building  or  buildings  used  as  a 
church,  hotel,  boarding  house,  factory,  public  hall, 
skating  rink,  tenement  block  or  any  building  in  which 
twenty -five  or  more  persons  occupy  any  of  the  stories 
above  the  second  story,  shall,  if  in  the  opinion  of  the 
fire  marshal  of  the  city  of  Syracuse,  the  same  shall  be 
deemed  necessary,  build,  erect,  prepare  and  furnish  for 
such  buildings  one  or  more  fire  escapes,  as  may  be 
deemed  by  the  fire  marshal  as  necessary  and  sufficient 
therefor. 


Fire  escapes  Such  fire  escapes  shall  be  provided  on  the  outside  of 

— how  con- 
structed, etc  such  building,  connecting  with  each  floor  above  the 

first,  well  fastened  and  secured,  and  of  sufficient 
strength,  each  of  which  fire  escapes  shall  have  landings 
or  balconies,  not  less  than  six  feet  in  length  and  three 
feet  in  width,  guarded  b}^  iron  railings  not  less  than 
three  feet  in  height,  and  embracing  at  least  two  win- 
dows at  each  story  and  connecting  with  the  interior 
by  easily  accessible  and  unobstructed  openings,  and 
the  balconies  or  landings  shall  be  connected  by  iron 
*As  ametided  April  iith  1892. 


THE  CITY  OF  SYRACUSE. 


285 


stairs,  not  less  than  twenty-four  inches  wide,  the  steps 
not  to  be  less  than  six  inches  tread,  placed  at  not  more 
than  an  angle  of  forty-five  degrees  slant,  and  protected 
by  a well  secured  hand-rail  on  both  sides  with  a twelve 
inch  wide  drop  ladder  from  the  lower  platform  reaching 
to  the  ground.  Any  fire  escape  so  constructed  shall  Fire  escapes 

must  be  ap- 

be  sufficient.  Any  other  plan  or  st3de  of  fire  escape  ^r^mar^hai 
shall  be  sufficient,  if  approved  by  the  fire  marshal  but 
if  not  so  approved,  the  fire  marshal  may  notify  the 
owner,  proprietor  or  lessee  of  such  building,  or  any  of 
them,  in  writing,  that  any  such  other  plan  or  sfyle  of 
fire  escape  is  not  sufficient,  and  ma}'  by  an  order  in 
writing  served  in  like  manner,  require  one  or  more  fire 
escapes  as  he  shall  deem  necessary  and  sufficient,  to  be 
provided  for  such  building  at  such  locations  and  of 
such  plan  and  style  as  shall  be  specified  in  such  writ- 
ten order. 

Any  person  failing  or  refusing  to  comply  with  the  Penalty, 
requirements  of  the  fire  marshal  given  as  herein  pro- 
vided, for  a period  of  ten  days,  shall  be  subject  to  a 
fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  of  Onondaga,  for  not  less  than  thirty  days  or 
more  than  three  months,  and  to  a like  fine  or  to  a like 
imprisonment  for  every  thirty  days  such  person  shall 
neglect  or  refuse  to  comply  with  such  requirements 
after  the  first  conviction. 


286 


ORDINANCES  OF 


CHAPTER  XVII. 


FIRE,  PREVENTION  OF. 

bncko^rTtone  SECTION  I.  No  pipe  of  any  stove,  furnace  or  boiler, 
chimneys.  shall  be  put  Up,  uuless  it  be  conducted  into  a chimney 
made  of  brick  or  stone,  except  by  permission  of  the  fire 
marshal,  and  upon  a certificate,  under  his  hand,  that 
in  his  opinion,  the  manner  in  which  it  is  put  up  is 
equally  safe  as  if  it  were  conducted  into  such  chimney. 
Penalty.  Aliy  persoii  who  shall  put  up  any  such  pipe,  contrary 
to  the  provisions  of  this  section,  shall  be  subject  to  a 
fine  of  not  less  than  three  nor  more  than  ten  dollars, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  ten  nor  more  than  thirty  days,  and  to 
a like  fine  or  to  a like  imprisonment  for  every  twenty- 
four  hours  such  pipe  shall  remain  so  put  up,  after  the 
first  conviction. 


Fires  to  be 
kept  in  proper 
receptacles. 


Penalty. 


§ 2.  No  person  shall  make  or  keep  a fire  in  aii}^  yard, 
woodhouse,  or  other  out-house  or  building  in  this  city, 
unless  in  some  proper  receptacle  for  fire,  communicat- 
ing with  a chimney.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  a fine  of 
not  less  than  five  nor  more  than  twenty-five  dollars,  or 
to  imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  ten  nor  more  than  thirty  days  for  each 
offense. 


Combustible 

siibst.ances, 

where 

deposited. 


§ 3.  No  hay,  straw  or  other  combustible  substance 
or  material  shall  be  deposited  within  fifteen  feet  of  any'' 
place  where  fire  ashes  are  kept,  unless  such  place  be  a 


THE  CITY  OF  SYRACUSE. 


287 


close  and  secure  building,  and  no  person  shall  be  per- 
mitted to  maintain  a wood  yard  or  kindling  wood 
manufactory  in  which  the  sawing  is  done  by  steam 
power  within  twenty-five  feet  of  any  wooden  building 
or  buildings.  Any  person  violating  any  of  the  pro- 
visions of  this  section,  shall  be  subject  to  a fine  of  not  Penalty, 
less  than  five  nor  more  than  twenty-five  dollars,  or  to 
imprisonment  in  the  penitentiary  of  the  county  for  not 
less  than  ten  nor  more  than  thirty  days,  for  each 
offense,  and  to  a like  fine  or  to  a like  imprisonment 
for  every  twenty-four  hours  during  which  any  such 
matter  so  deposited  in  such  wood-yard  or  kindling 
wood  manufactory  shall  remain  after  the  first  convic- 
tion, and  if  any  such  deposit  or  the  contents  of  such 
wood- yard  or  manufactor}"  shall  not  be  immediately 
removed  upon  notice  from  the  chief  engineer  of  the 
fire  department  or  any  one  of  the  fire  commissioners, 
requiring  such  removal,  any  policeman  or  fireman  may 
remove  the  same  at  the  expense  of  the  offender. 

§ 4.  No  lighted  candle  or  uninclosed  lamp  or  light  of  Candies 

and  lamps. 

any  kind  shall  be  used  in  any  shop,  stable  or  other 
place  or  building  where  chips,  shavings,  hay,  straw, 
or  other  combustible  materials  shall  be  kept.  Any 
person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more  Penalty, 
than  twenty-five  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  ten  nor 
more  than  thirty  days  for  each  offense. 

* §5.  Every  carpenter,  joiner,  cooper  or  other  JiJlivfngs  &c 
chanic  or  person  keeping  a shop  or  other  building 


288 


ORDINANCES  OF 


Penalty. 


Chips,  etc., 
not  to  be 
scattered 
in  streets. 


Penalty. 


Articles 
deemed 
dan}.>:erous 
to  be 
removed. 


wherein  chips,  shavings  or  other  combustible  matter 
may  be  contained,  shall,  at  least  once  a week,  clean 
and  remove  the  same  from  such  shop  or  building,  and 
from  any  yard  belonging  thereto,  and  cause  the  same 
to  be  securely  stored  in  some  safe  place  remote  from 
danger  by  fire.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  be  subject  to  a fine  of  not 
less  than  five  nor  more  than  twenty-five  dollars,  or  to 
imprisonment  in  the  penitentiary  of  the  county  for  not 
less  than  ten  nor  more  than  thirty  days,  for  each 
offense 

§ 6.  Any  carpenter,  joiner,  cartman  or  other  person 
who  shall  in  removing  any  chips,  shavings  or  other 
combustible  matter  from  any  shop,  building  or  yard, 
scatter  or  throw  them  in  any  street  or  lane,  or  shall  at 
any  time  direct,  permit  or  suffer  any  of  them  to  be 
thrown  or  scattered  in  any  street  or  lane,  shall  be  sub- 
ject to  a fine  of  not  less  than  five  nor  more  than  twen- 
ty-five dollars,  or  to  imprisonment  in  the  penitentiary 
of  the  county  for  not  less  than  ten  nor  more  than  thirty 
days,  for  each  offense. 

§ 7.  Whenever  any  article,  material  or  substance, 
stored,  placed  or  kept  within  the  city  limits  shall  be 
deemed  by  the  chief  engineer  of  the  fire  department, 
or  board  of  fire  commissioners,  to  be  dangerous  to  per- 
sons or  property  on  account  of  its  liability  to  fire  or  ex- 
plosion, said  chief  engineer  or  said  board  of  fire  com- 
missioners, shall,  in  writing,  notify  the  person  oD 
persons,  or  any  one  of  them  having  the  possession  or 


THE  CITY  OF  SYRACUSE. 


289 


control  thereof,  forthwith  to  remove  the  same  to  some 
place  without  the  city  or  to  such  safe  place  or  places 
within  the  city,  as  the  chief  engineer  of  the  fire  depart- 
ment shall  designate.  If  such  person  or  persons,  who 
shall  have  placed  or  shall  have  the  possession  or  con- 
trol of  such  article,  material  or  substance,  shall  be 
unknown,  or  cannot  be  found  upon  the  premises  where 
the  same  is  stored  or  kept,  or  shall  fail  forthwith  to 
remove  the  same,  after  receiving  such  notice,  it  shall 
be  lawful  for  either  said  chief  engineer  of  the  fire  de- 
partment or  board  of  fire  commissioners,  or  any  person 
authorized  by  him  or  them,  to  enter,  in  the  daytime, 
into  any  dwelling-house,  store,  stable,  or  other  build- 
ing or  inclosure,  or  vessel,  or  other  place  or  places 
whatsoever,  where  the  same  may  be,  and  remove  the 
same  to  such  place  or  places  as  the  chief  engineer  of 
the  fire  department  may  designate.  The  said  chief 
engineer  or  said  board  of  fire  commissioners  shall  give 
such  orders  and  directions  touching  the  lying  and  fas- 
tening of  any  vessel  whatever,  having  on  board  any  Vessels 

containing' 

gunpowder  or  other  combustible  materials  which  are  powder, 
dangerous  in  causing  or  promoting  fires,,  as  he  or  said 
board  may  think  conducive  to  safety  or  shall  direct 
such  gunpowder  or  other  combustible  matter  to  be 
removed  to  a place  of  safety,  and  if  any  such  order  is 
not  forthwith  complied  with,  he  or  .said  fire  commis- 
sioners may  remove  the  .same  to  such  place  as  he  or 
they  may  designate.  Any  per.son  who  shall  neglect 
or  fail  to  remove  any  material  or  substance,  as  provided 
in  this  section  for  a period  of  twenty-four  hours  after 
being  notified  to  remove  the  same,  or  who  shall  resi.st 


290 


ORDINANCES  OF 


Penalty. 


Stores  to 
have 

scuttles  and 
stairways. 


Penalty. 


Fires  not 
to  be 

kindled  in 
streets,  &c. 
without  per- 
mission. 


Penalty. 


or  prevent,  or  attempt  to  resist  or  prevent  any  removal 
of  such  explosive  substance  or  substances,  or  who  shall 
neglect  or  refuse  to  obey  the  directions  or  orders  given, 
as  provided  in  this  section,  shall  be  subject  to  a fine  of 
not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  nor  more  than  sixty 
days,  for  each  offense. 

§ 8.  Every  store  or  other  building  exceeding  two 
stories  in  height,  wherein  any  mercantile  or  manufac- 
turing business  is  carried  on,  within  the  limits  of  the 
city,  shall  have  a scuttle  on  the  roof  and  a convenient 
and  suitable  stairway  or  ladder  leading  to  the  same,  so 
as  to  afford  a convenient  access  to  the  roof  of  such 
building  in  case  of  fire.  The  owner  or  the  occupant  of 
any  such  store  or  other  building  who  shall  not  conform 
to  the  requirements  of  this  section  within  twenty  days 
after  being  notified  so  to  do,  shall  be  subject  to  a fine 
of  not  less  than  twenty-five  nor  more  than  fifty  dollars, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  ten  nor  more  than  sixty  days,  and  to 
a like  fine  or  to  a like  imprisonment  for  every  ten  days 
the  offense  shall  continue  after  the  first  conviction. 

^9.  No  person  shall,  without  permission  of  the 
mayor,  kindle  any  fire  or  furnish  materials  for  any  fire, 
nor  in  any  way  authorize  or  allow  any  fire  to  be  made, 
or  in  any  manner  aid  or  assist  in  making  any  fire  in 
any  street,  square,  lane,  or  alley,  or  on  any  wharf  or 
dock  or  on  any  vacant  lot  in  this  city.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be 


THE  CITY  OF  SYRACUSE. 


291 


subject  to  a fine  of  not  less  than  two  nor  more  than  ten 
dollars  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  five  nor  more  than  thirty  days 
for  each  offense. 

§ 10.  It  shall  be  the  duty  of  the  fire  marshal  to  in- Fit's  marshal 

to  inspect 

spect  all  new  buildings  in  progress  of  erection,  and  all  '=’Tyidings. 
buildings  now  in  use  or  undergoing  material  altera- 
tions within  the  fire  limits  of  the  city ; and  in  case 
any  building  shall  be  deemed  dangerous  on  account'  of 
liability  to  accidents  from  fire,  by  reason  of  any  care- 
less or  improper  construction  or  proposed  construction 
of  any  chimney,  flue,  wall,  partition,  aperture  for 
stove  pipes,  the  location  of  any  boiler,  furnace,  range 
or  stove,  or  other  cause,  the  said  fire  marshal  shall 
have  power,  and  it  shall  be  his  duty,  to  cause  such 
building  or  .objectionable  and  dangerous  part  thereof 
to  be  removed  or  so  constructed  as  to  be  free  from  such 
danger  and  to  conform  to  the  provisions  of  this  chapter. 

Any  person  who  shall  resist  or  seek  to  prevent  such 
inspection  or  removal,  shall  be  subject  to  a fine  of  not 
less  than  twenty-five  nor  more  than  one  hundred  dol- 
lars, or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  for  each  offense. 

^ 1 1 . It  shall  be  the  duty  of  the  chief  of  police  to  Patrolmen  to 

report  new 

require  the  patrolmen  of  each  police  district  to  report  buildings, 
to  him  every  iiivStance  of  the  commencement  of  the 
construction  of  a new  building,  or  of  a material  altera- 
tion of  an  old  building,  and  when  such  report  shall  be 


292 


ORDINANCES  OF 


Chimneys  not 
to  be  burnt 
out  without 
permission. 

Penalty. 


Fire  marshal 
to  have  the 
right  to  enter 
buildings. 


Penalty. 


received,  the  said  chief  of  police  shall  immediately 
communicate  the  same  to  the  fire  marshal. 

§12.  No  person  shall  be  allowed  [to  burn  out  any 
chimney  within  the  fire  limits,  except  by  permission 
of  the  fire  marshal  in  writing.  Anj"  person  violating 
the  provisions  of  this  section  shall  be  subject  to  a fine 
of  five  dollars  or  to  imprisonment  in  the  penitentiary 
of  the  count}"  for  thirty  days  for  each  offense. 

§ 13.  The  fire  marshal  shall  have  the  right  and 
power  to  enter  any  dwelling,  store,  lumber  yard, 
stable,  manufacturing  establishment  or  building  within 
the  limits  of  the  city,  for  the  purpose  of  examining  its 
condition  with  respect  to  liability  to  accident  from  fire, 
and  to  ascertain  whether  proper  precautions  are  taken 
and  observed  and  maintained  against  accident  from 
fire,  and  it  shall  be  his  duty  to  make  such  examina- 
tions of  all  business  premises  within  the  city,  at  least 
once  every  three  months,  and  oftener  if,  in  his  judg- 
ment, it  is  necessary,  and  at  any  time,  at  the  request 
of  the  mayor,  the  chief  engineer  of  the  fire  department, 
or  the  .secretary  of  the  board  of  underwriters,  giving 
the  location.  Aii}^  person  resisting  or  seeking  to  pre- 
vent such  entrance  and  examination,  shall  be  subject 
to  a fine  of  not  less  than  twenty-five  nor  more  than 
fifty  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  that  thirty  da^-s  nor  more  than 
three  months  for  each  offense. 

§14.  Every  person  or  corporation  owning  or  using 
a locomotive,  or  engine,  within  the  city  limits,  shall 


THE  CITY  OF  SYRACUSE. 


293 


provide  the  same  with  the  most  approved  device  for  Precautions 

that  must  be 

arresting  the  sparks  which  might  otherwise  escape 
from  said  locomotive  or  engine  ; and  every  stationary  engfn??.^ 
engine  used  within  said  city  limits  shall  be  kept  in  an 
apartment,  the  walls  of  which  shall  be  of  iron,  stone  or  penalty, 
brick,  and  the  floor  of  which  shall  be  of  the  same 
material  for  the  distance  of  ten  feet  in  all  directions 
from  said  engine  ; and  any  person  or  corporation  vio- 
lating any  of  the  provisions  of  this  section  shall  be 
subject  to  a fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months  or  both  such  fine  and  im- 
prisonment, for  each  offense. 

§15,  No  chimney  shall  hereafter  be  constructed  chimneys, 

material 

within  the  city  limits  of  tile,  or  of  any  other  material 

constructed. 

than  stone  or  brick  well  laid  in  mortar,  nor  shall  any 
chimney  be  built  upon  a wooden  foundation  unless  the 
bottom  of  such  chimney  shall  be  one  foot  thick  of  brick 
well  laid  in  lime  mortar. 

§ 16.  Every  chimney  of  brick  or  stone  which  may  cjijmneys 
hereafter  be  erected  in  or  adjacent  to  any  building,  te\ed,’’(ifc^ 
shall  be  plastered  on  the  inside ; the  aperture  or  top 
thereof  shall  be  at  lea.st  three  feet  above  the  highest 
part  of  the  roof  from  which  it  issues ; and  the  walls 
thereof  shall  be  at  lea.st  four  inches  in  thickness,  well 
laid  in  lime  mortar. 

§ 17.  Any  person  violating  either  or  any  of  the  pro- Penalty, 
visions  of  sections  fifteen  and  sixteen  .shall  be  subject 


Chief  enpfineer 
to  inspect 
structures, 
walls,  etc., 
after  fires. 


Shall  cause 
dangerous 
structures  to 
be  torn  down 
or  removed. 


Expense  for 
same  how 
paid. 


Penalty. 


294  ORDINANCES  OF 

to  a fine  of  not  less  than  ten  nor  more  than  fifty  dollars, 
or  to  imprisonment  in  the  penitentiar>^  of  the  county 
for  not  less  than  ten  nor  more  than  thirty  days. 

§ 18.  It  shall  be  the  duty  of  the  chief  engineer  of  the 
fire  department  to  inspect  all  buildings,  structures, 
walls  or  parts  of  walls,  which  have  been  damaged  by 
fire  immediately  after  such  fire,  and  in  case  any  such 
building,  structure,  wall  or  parts  of  wall,  shall  be 
deemed  by  him  dangerous,  the  said  chief  engineer  of 
the  fire  department  shall  immediately  cause  such  dan- 
gerous building,  structure,  wall  or  parts  of  wall  to  be 
removed  or  torn  down  so  as  to  be  free  from  such  danger 
and  to  conform  to  the  provisions  of  this  chapter,  and  it 
shall  be  lawful  for  such  chief  engineer  of  the  fire  de- 
partment to  adopt  such  measures  and  means  as  he  may 
deem  expedient  and  necessary  for  public  safety,  to  re- 
move, tear  down,  destroy  or  otherwise  dispose  of  all 
such  dangerous  buildings,  structures,  walls  or  parts  of 
walls,  and  the  expense  thereof  shall  be  paid  by  the 
city.  Any  person  who  shall  resist  or  seek  to  prevent 
such  inspection,  tearing  down  or  removal,  shall  be 
subject  to  a fine  of  not  less  than  twenty-five  dollars, 
nor  more  than  one  hundred  dollars  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  not  less  than  thirty 
days  nor  more  than  three  months,  or  both  such  fine 
and  imprisonment,  for  each  offense. 


THE  CITY  OF  SYRACUSE. 


295 


CHAPTER  XVIII. 

GARBAGE  AND  OFFAL. 

Section  i.  The  board  of  health  of  the  city  of  Syra-  Board  of 

health 

cuse  shall  have  power  and  is  hereby  empowered  to  have 

^ garbage 

take  such  measures  as  it  shall  deem  effectual  for  the 
removal  of  garbage  and  offal  from  the  city,  or  any  por- 
tion thereof;  and  may  employ,  or  make  contracts  with 
one  or  more  persons  for  the  removal  of  the  same,  under 
the  provisions  of  the  following  sections: — 

§ 2.  For  the  purposes  of  these  ordinances  the  term  Garbage  and 
‘ ‘ garbage  and  offal  ’ ’ is  deemed  and  is  hereby  declared 
to  mean  every  accumulation  of  both  animal  and  vege- 
table matter,  liquid  or  otherwise,  which  accumulates 
in  the  preparation  of  food,  and  all  sorts  of  meats,  fish, 
fowls  or  other  vegetables  which  are  stored  or  dealt  in, 
and  which  are  subject  to  deca}’. 

§ 3.*  Every  householder  living  in  any  tenement  or 
dwelling  house  in  the  city  of  Syracuse,  and  the  keeper 
of  any  hotel,  restaurant,  eating  house,  boarding  house, 
or  other  place  where  meals  are  furnished  to  persons  in  Garbage  to 

. . be  placed  in 

said  city,  shall  cause  all  of  his  or  her  garbage  and  offaHovered 

° vessels. 

to  be  placed  in  suitable  covered  vessels  (not  larger 
than  a half  barrel),  in  some  part  of  his  or  her  premises 
convenient*  for  removal,  or  in  some  place  designated  by 
the  superintendent  of  streets,  at  such  time  as  the  same 
may  be  called  for,  provided,  however,  that  any  person 


*As  amended  April  29th,  1889. 


ORDINANCES  OF 


Not  to  be 
placed  upon 
street,  etc. 


Penalty. 


may  be  excepted  from  the  requirements  of  this  section 
upon  obtaining  a permit  to  that  effect  from  the  said 
superintendent  of  streets.  No  boxes,  baskets  or  other 
receptacles  used  for  the  purpose  aforesaid  shall  be 
placed  upon  any  street,  sidewalk,  crosswalk,  or  any 
other  public  place  whatever.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to 
a fine  of  not  less  than  five  or  more  than  ten  dollars  or 
to  imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  five  nor  more  than  ten  days,  or  b3th  such 
fine  and  imprisonment  for  each  offense. 


§ 4.  No  person  shall  place  in  any  vessel  used  for  the 
depOvSit  of  garbage  or  offal,  or  mix  or  mingle  with  such 
Garbage  and  garbage  aiid  ofifal  any  ashes,  coal  dirt,  sweeping,  urine, 

offal  to  be  , r 1 • 1 

kept  free  from  excreineiit  or  other  refuse  matter  not  designated  as 

other  refuse. 

garbage  and  offal  by  section  two  of  this  ordinace.  Any 
person  violating  any  of  the  provisions  of  this  section 
Penalty.  shall  be  subject  to  a fine  of  not  less  than  two  nor  more 
than  five  dollars,  or  to  imprisonment  in  the  peniten- 
tiary of  the  county  for  not  less  than  five  nor  more  than 
ten  days. 


Superintend-  ^ In  case  of  coinplaiiit  or  dispute  arising  as  to 
ent  of  streets 

where  veSlis  place  wliere  vessels  containing  garbage  and  offal 
shall  be  kept  yemoval  sliall  be  put,  the  superintendent  of 

streets  shall  forthwith  designate  the  place  or  places 
where  such  vessels  shall  be  set  while  awaiting  such 
removal,  and  his  decision  shall  be  final. 


\ 


*As  amended  April  2gth,  1889. 


THE  CITY  OF  SYRACUSE. 


297 


^ 6,  No  person  shall  engage  in  the  business  of  col-  Must  obtain 

permit  from 

lecting  and  transporting  garbage  and  offal  without  first 
having  obtained  a permit  from  the  common  council  trilfspoTt 

. , . 1 1 . garbage. 

authorizing  such  person  to  engage  in  the  said  business 
in  conformity  with  the  provisions  of  this  chapter.  Any  Penalty, 
person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more 
than  ten  dollars,  or  to  imprisonment  in  the  penitentiary  . 
of  the  county  for  not  less  than  ten  or  more  than  thirty 
days. 

§7.  All  garbage  and  offal  being  removed,  shall  beYehiciesto 
carried  through  said  city  in  water  tight  covered  wagons  ctfvl^red^ 
or  carts,  or  in  water  tight  covered  vessels  placed  in 
wagons  or  carts,  and  shall  be  so  loaded  and  transported 
that  no  part  thereof  shall  fall  or  spill  from  such  vessel 
or  w^agon ; and  every  such  wagon  or  cart  used  for  the 
purposes  aforesaid,  shall  be  kept  clean  and  well  painted 
on  the  outside,  and  shall  be  marked  with  the  words 
‘ ‘ Board  of  Health  Garbage  Cart,  ’ ’ with  the  number  of  t^arbage 
the  cart,  which  marking  or  lettering  shall  be  plainly 
and  intelligibly  exposed  to  public  view,  when  such 
carts  or  wagons  are  in  use,  and  no  cart  or  vehicle  shall 
be  used  for  the  purpose  aforesaid  unless  the  same  shall 
have  been  first  inspected,  approved  and  duly  licensed 
by  the  health  officer  of  the  board  of  health.  Any  per-  Penalty, 
son  violating  any  of  the  provisions  of  this  section,  shall 
be  subject  to  a fine  of  not  less  than  five  nor  more  than 
ten  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  ten  nor  more  than  thirty 
days  for  each  offense. 


298 


ORDINANCES  OF 


Unnecessary 
filth  forbid- 
den. 


Penalty. 


When  to  be 
removed. 


§ 8.  No  person  engaged  in  collecting  or  transporting 
garbage  and  offal,  shall  do  or  permit  to  be  done,  any- 
thing in  connection  therewith,  that  shall  be  needlessly 
offensive  or  filthy,  in  relation  to  any  person,  place, 
building,  premises  or  highway.  Any  person  violating 
any  of  the  foregoing  provisions  of  this  section  shall  be 
subject  to  a fine  of  ten  dollars  or  to  imprisonment  in 
the  penitentiary  of  the  county  for  ten  days.  All  gar- 
bage and  offal  shall  be  removed  once  a week,  during 
the  months  of  January,  February,  March,  April, 
November  and  December;  twice  a week  during  the 
months  of  May  and  October,  and  three  times  a week 
during  the  months  of  June,  July,  August  and  Sep- 
tember. 


When  and  how 
disposed  of. 


Penalty. 


§ 9.  All  garbage  and  offal,  which  shall  be  removed 
shall  be  deposited  in  such  places  as  may  be  designated 
and  approved  by  the  board  of  health,  and  shall  be 
disposed  of  in  such  manner  as  not  to  create  a nuisance, 
and  the  covers  of  all  carts,  wagons  or  veSvSels  used  for 
the  purpose  of  removing  such  garbage  and  offal,  shall 
be  kept  tightly  closed  while  they  are  being  transported 
through  the  streets  of  the  city.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to 
a fine  of  five  dollars  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  ten  days. 


Clerk  to  keep 
records. 


^ 10.  The  clerk  of  the  board  of  health  shall  provide 
and  keep  a record  book,  in  which  he  shall  record  all 
proceedings,  votes  or  orders  of  said  board,  also  all  con- 
tracts entered  into  or  licenses  and  permits  issued  by 
authority  of  said  board.  He  shall  also  provide  a 


THE  CITY  OF  SYRACUSE. 


299 


“complaint  book,”  which  shall  be  kept  in  the  office 
of  the  chief  of  police,  in  which  complaints  may  be  ^ 
entered  of  any  violation  of  the  provisions  of  this  chap- 
ter. On  such  complaints  being  made  it  shall  be  the 
duty  of  the  chief  of  police  or  officer  in  charge  to  cause  Duty  of  chief 

of  police. 

the  same  to  be  investigated  within  twelve  hours  from 
the  time  such  complaint  is  made,  and  finding  cause,  if, 
after  six  hours’  notice,  the  person  or  persons  so  offend- 
ing shall  neglect  or  refuse  to  comply  with  the  require- 
ments of  this  chapter  and  with  the  requirements  of 
such  officer  conformably  to  this  chapter  or  other  ordi- 
nance of  the  city,  the  said  officer  shall  report  the  name 
and  residence  of  the  person  so  offending  to  the  health 
officer  of  the  board  of  health,  who  shall  at  once  insti- 
tute the  proper  legal  proceedings  against  such  offender. 

§11.  It  shall  be  the  duty  of  the  police  department  to 
rigidly  enforce  all  the  provisions  of  this  chapter,  and  it  f "ji’nfince. 
is  hereby  made  the  special  duty  of  the  patrolmen, 
when  on  duty,  to  take  cognizance  of  all  violations 
hereof,  or  that  may  be  reported  to  them,  and  immedi- 
ately notify  the  offending  part}^  and  record  the  name 
and  residence  of  said  offender  in  the  complaint  book 
aforesaid;  and  if,  after  six  hours’  notice  such  offender 
shall  continue  to  neglect  to  comply  with  the  require- 
ments of  this  chapter,  and  with  the  requirements  of 
such  officer  conformably  to  this  chapter  or  other  ordi- 
nance of  the  city,  said  patrolman  shall  report  to  the 
chief  of  police  or  officer  in  charge,  who  shall  notify  the 
health  officer  of  the  board  of  health  in  the  manner  and 


300 


ORDINANCES  OF 


t 


Expense  to 
be  paid  by 
■city. 


License 
required 
for  the  keep- 
ing of  gun- 
powder, &c. 


Penalty, 


•Quantity 
allowed 
and  manner 
■of  keeping. 


for  the  purposes  provided  in  the  tenth  section  of  this 
chapter. 

§ 12.  All  expenses  incurred  by  the  board  of  health 
under  the  provisions  of  this  chapter,  shall  be  paid  by 
the  city,  after  the  same  shall  be  certified  to  by  the 
clerk  of  the  board  of  health,  and  duly  audited  by  the 
common  council. 


CHAPTER  XIX. 

GUNPOWDER,  &C. 

Section  i.  No  person  except  when  on  military 
duty  in  the  public  service  of  the  United  States,  or  of 
this  State,  or  in  case  of  public  celebration  with  per- 
mission of  the  mayor  or  common  council,  shall  have, 
keep  or  possess  in  any  building,  or  carriage,  or  on  any 
dock,  or  in  any  boat  or  other  vessel,  or  in  any  other 
place  within  the  city  limits,  gunpowder,  giant- powder, 
nitro-glycerine,  dynamite  or  other  explosive  material, 
in  quantity  exceeding  one  pound,  without  written  per- 
mission from  the  chief  engineer  of  the  fire  department. 
Any  person  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  liable  to  a fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars,  or  to  imprisonment  in 
the  penitentiary  of  the  county  for  not  less  than  thirty 
days  nor  more  than  three  months,  for  each  oftense. 

. § 2.  No  person  or  corporation,  or  the  agent  of  any 
person  or  corporation,  shall  have,  keep  or  store  any 
quantity  of  gunpowder  exceeding  six  pounds  weight 


THE  CITY  OF  SYRACUSE. 


301 

(except  as  provided  for  in  section  three  of  this  chapter) 
in  any  building  or  place  within  the  limits  of  the  city 
of  Syracuse,  which  said  quantity  of  six  pounds  herein- 
before mentioned,  shall  be  separated  in  stone  jars  or 
canisters,  each  of  which  shall  contain  not  to  exceed 
one  pound  of  powder.  Any  person  or  corporation  or 
the  agent  of  any  person  or  corporation  who  shall 
violate  any  of  the  provisions  of  this  section,  shall  be 
subject  to  a fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars,  or  to  imprisonment  in  the  penaitj'. 
penitentiary  of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months  for  each  offense,  and  to  a 
further  fine  of  fifty  dollars  for  every  twenty- four  hours 
such  powder  shall  remain  in  any  place  or  manner  con- 
trary to  the  provisions  of  this  section  after  written 
notice  from  the  chief  engineer  of  fire  department  to 
remove  the  same. 

§3.  It  shall  be  lawful  for  any  merchant  or  person 
having  a store  or  fixed  place  of  business,  upon  written  pjnntrsion  to 

, . 1 , • 1 , obtained, 

permission  being  granted  him  for  that  purpose  by  the  conditions 

to  be 

chief  engineer  of  the  fire  department,  to  keep  for  sale  o|’served, 
at  his  said  store  or  place  of  business  any  quantity  not 
exceeding  one  hundred  pounds  of  gunpowder,  upon 
condition  that  the  same  be  kept  in  kegs  or  in  cans  or 
other  safe  vessels,  which,  except  during  business 
hours,  shall  be  deposited  in  an  iron  or  wooden  box 
lined  or  covered  with  iron  or  other  metal  and  marked 
“Powder”  in  plain  letters,  the  form  and  construction 
of  said  box  to  be  approved  by  the  chief  engineer  of 
the  fire  department ; said  box,  with  all  said  powder 


302 


ORDINANCES  OF 


Not 'to  be 
sold  or 
exposed 
except  by- 
daylight. 


Penalty. 


securely  enclosed  therein,  except  during  business 
hours  as  aforesaid,  shall  be  placed  on  the  sidewalk, 
near  the  curbstone,  in  front  of  the  store  or  building  of 
the  person  holding  such  permit,  and  where  it  may  be 
conveniently  removed  in  case  of  fire.  No  gunpowder 
shall  be  sold  or  exposed  for  sale  except  during  day- 
light. Any  person  holding  such  permit  of  the  chief 
engineer  of  the  fire  department,  who  shall  keep  at 
his  store  or  building  at  one  time  a greater  quantity 
of  powder  than  one  hundred  pounds,  or  who  shall 
violate  either  of  the  above  conditions  or  provisions 
mentioned  in  this  section,  shall  be  subject  to  a fine 
of  not  less  than  twenty-five,  nor  more  than  one  hun- 
dred dollars,  or  to  imprisonment  in  the  penitentiary 
of  the  county  for  not  less  than  thirty  days  nor  more 
than  three  months,  or  both  such  fine  and  imprison- 
ment for  each  offense,  and  his  said  permit  may  be 
revoked  by  the  chief  engineer  of  the  fire  department. 


Carrying 
through 
the  streets, 
etc.,  of  I 
the  city. 


§ 4.  No  person  shall  convey  or  carry  through  any 
street,  lane  or  alley  of  the  city,  any  gunpowder  exceed- 
ing six  pounds  in  quantity,  unless  the  same  is  secured 
in  kegs  or  canisters  containing  not  to  exceed  twenty- 
five  pounds  each,  and  sufficiently  tightly  enclosed  to 
prevent  any  powder  escaping  therefrom.  Said  kegs 
or  canisters  shall  be  placed,  in  quantities  not  to  exceed 
three  hundred  pounds,  in  wood  or  iron  boxes,  lined 
and  so  constructed  that  no  particle  of  powder  can 
escape  therefrom.  And  said  boxes  shall  be  .securely 
covered  with  canvass  or  iron  so  as  to  prevent  the  pos- 
sibility of  fire  communicating  with  the  powder.  Any 


THE  CITY.  0¥  SYRACUSE. 


303 


person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars,  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  not  less  than  thirty 
days  nor  more  than  three  months,  or  both  such  fine 
and  imprisonment  for  each  offense. 

^ S-  No  vessel  or  car  laden  in  whole  or  in  part  with  vessel 
gunpowder,  shall  enter  any  canal  or  railroad  within  gunpowdfr 

. . . . ^ . r *1  • enter  city 

the  limits  01  the  city  ot  Syracuse,  without  the  written  without  writ- 
ten perinis- 

periiiission  of  the  chief  engineer  of  the  fire  department,  of  the 

■V  o r-  > chief  engineer 

which  permission  when  granted  shall  designate  the  department, 
place  where  said  vessel  or  boat  shall  moor  or  anchor  or 
car  shall  be  .stationed,  and  shall  prescribe  the  time 
within  which  said  powder  shall  be  transferred  or  un- 
loaded from  said  vessel,  boat  or  car,  and  the  manner  of 
transferring  or  unloading  the  .same.  The  master  or 
owner  of  any  such  vessel,  boat  or  car,  or  the  consignee 
of  any  such  gunpowder,  who  shall  firing  or  cause  the 
same  to  be  brought  into  any  canal  aforesaid,  without 
such  permission,  or  shall  disobey  any  direction  of  the 
chief  engineer  of  the  fire  department  with  reference  to 
mooring  or  anchoring  such  vessel  or  boat  or  stationing 
of  said  car,  or  with  reference  to  the  transfer  or  unload- 
ing of  the  cargo  thereof,  shall  be  subject  to  a fine  of 
not  less  that  twenty-five  nor  more  than  one  hundred  Penalty, 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  or  both  such  fine  and  imprisonment  for 
each  offense. 


304 


ORDINANCES  OF 


Chief  ensinetr  §6.  The  chief  engineer  of  the  fire  department  ina\^ 

may  desig-nate 

place,  etc.  from  time  to  time  designate  certain  places  outside  of 
the  thickly  settled  portions  of  the  city,  where  gun- 
powder may  be  transferred  from  one  car  to  another  or 
may  be  unloaded  from  cars  for  the  purpose  of  convey- 
ing the  same  to  a powder  magazine ; and  he  may  also 
prescribe  and  determine  certain  portions  of  the  city 
within  which  cars  loaded  with  gunpowder  may  be 
brought.  Any  person  refusing  or  neglecting  to  com- 
ply with  any  directions  of  the  chief  engineer  of  the 
fire  department,  made  pursuant  to  the  provisions  of 
this  section,  shall  be  subject  to  a fine  of  not  less  than 

Penalty.  twenty-five  nor  more  than  one  hundred  dollars  or  to 
imprisonment  in  the  penitentiary  of  the  county  for  not 
less  than  thirty  days,  nor  more  than  three  months,  or 
both  such  fine  and  imprisonment  for  each  offense. 


Written  per- 
mit to  be 
first  obtained 
of  the  chief 
engineer  of 
the  fire  de- 
partment. 


7.  No  corporation  or  person  shall  directly  or 
indirectly  leave,  keep,  store  or  bring  within  the  limits 
of  the  city  of  Syracuse,  any  gunpowder,  giant  powder, 
nitro-glycerine,  dualine,  dynamite  or  any  other  com- 
pound containing  nitro-glycerine  (except  as  provided 
in  the  preceding  sections  of  this  chapter)  without  a 


written  permit  first  had  and  obtained  of  the  chief 
engineer  of  the  fire  department,  who  shall  limit  the 


cpiantity  of  explosive  articles  aforesaid  so  to  be  kept 


and  stored  with  reference  exclusively  to  the  accommo- 


dation of  the  local  trade  of  the  city  and  the  safety  of 


the  public.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  section  shall  be  subject  to  a fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred 


THE  CITY  OF  SYRACUSE. 


305 


dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  or  both  such  fine  and  imprisonment  for 
each  offense  and  a further  fine  of  one  hundred  dollars 
for  every  twelve  hours  during  which  such  explosive 
article  shall  remain  so  kept  and  stored  as  aforesaid, 
within  the  city  of  Syracuse,  or  after  notice  to  the 
owner  or  agent  of  the  building  in  which  the  said  ex- 
plosives are  stored  to  remove  the  same  beyond  the 
limits  of  the  city  as  required  in  said  notice. 

§ 8.  If  the  owner  or  agent  of  the  owner  of  any  gun-  and 

^ o chief  engineer 

powder,  giant  powder,  nitro-glycerine,  dualine,  dyna- 
mite  or  any  other  compound  containing  nitro-glycerine, 
or  the  owner  of  or  agent  of  the  owner  of  any  building 
within  the  city  of  Syracuse,  wherein  the  said  explosive 
articles  shall  be  kept  or  stored  in  violation  of  the  pro- 
visions of  the  preceding  section  seven,  shall  neglect  or 
refuse  to  comply  with  the  notice  requiring  said  explo- 
sive articles  to  be  removed  beyond  the  limits  of  the 
city,  it  shall  be  lawful  for  the  mayor  of  the  city  and 
the  chief  engineer  of  the  fire  department  to  adopt 
such  measures  and  means  as  they  may  deem  expedient 
for  public  safety  to  condemn,  destroy,  remove  or  other- 
wise dispose  of  the  dangerous  articles  aforesaid. 


3o6 


ORDINANCES  OF 


Hacks.  &c., 
to  be  licensed. 


Penalty. 


CHAPTER  XX. 

HACKS. 

Section  i.  Every  person  keeping,  or  who  may, 
keep  a hackney  coach,  cab  or  other  carriage  for  hire 
for  the  conveyance  of  passengers,  or  any  vehicle  for 
conveying  the  baggage  of  passengers  within  the 
bounds  of  the  city  and  every  person  owning,  keeping 
or  being  in  possession  of  such  hackney  coach,  cab  or 
other  vehicle,  which  he  lets  for  the  conveyance  of  pas- 
sengers or  baggage  within  the  city  limits,  which 
whether  such  hackney  coach,  cab  or  vehicle  be  kept, 
used  or  let  for  the  purpose  aforesaid  in  conection  with 
any  livery  stable  business  or  otherwise,  shall  obtain 
from  the  mayor  a license  therefor;  and  such  license 
shall  state  the  number  of  the  coach,  cab,  carriage, 
baggage  wagon  or  vehicle,  and  shall  continue  in  force 
until  the  15th  day  of  April  next  after  the  date  thereof. 
Any  person  keeping,  or  who  may  keep,  own  or  be  in 
possession  of  any  hackney  coach,  cab,  carriage  or  bag- 
gage wagon  for  hire,  or  which  he  lets  for  the  convey- 
ance of  passengers  or  baggage  as  above  specified,  who 
shall  not  have  obtained  such  license  therefor,  shall  be 
subject  to  a fine  of  not  less  than  ten  nor  more  than 
fifty  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  ten  nor  more  than  thirty 
days,  or  to  both  such  fine  and  imprisonment,  for  each 
offense. 

§ 2.  Any  person  procuring  such  license  shall  pay 


License  fees. 


THE  CITY  OF  SYRACUSE. 


307 


therefor  the  sum  of  five  dollars  if  for  a vehicle  with 
two  horses  attached,  and  three  dollars  if  for  a four- 
wheeled  vehicle  with  one  horse  only  attached,  and  two 
dollars  if  for  a two- wheeled  vehicle  with  one  horse 
only  attached. 

§ The  prices  which  may  be  charged  by  the  Rates  of  fare 

^ ® for  coach  hire. 

owners  or  drivers  of  such  hacks,  cabs  or  other  car- 
riages, are  as  follows : 

For  conveying  a passenger  any  distance  within  one 
mile,  fifty  cents,  and  for  every  additional  passenger 
belonging  to  the  same  party  or  family,  twelve  and 
one-half  cents. 

For  conveying  a passenger  any  distance  over  one 
mile  within  the  bounds  of  the  city,  seventy -five  cents, 
and  for  every  additional  passenger  of  the  same  party 
or  family,  twenty-five  cents. 

For  conveying  a passenger  to  the  idiot  asylum  and 
back,  or  to  oakwood  cemetery  and  back,  or  to  the 
salt  springs  and  back,  or  to  one  or  more  of  the  coarse 
salt  fields  within  the  city  and  back,  with  the  privilege 
of  detaining  the  carriage  while  there  one  hour,  one 
dollar  and  fifty  cents,  and  for  every  additional  passen- 
ger of  the  .same  party  or  family,  twenty-five  cents. 

For  attending  a funeral  from  any  part  of  the  city  to 
either  of  the  cemeteries,  three  dollars. 

The  owners  or  drivers  of  the  vehicles  aforesaid  may 
charge  for  every  hour  that  the  same  may  be  detained. 


3o8 


ORDINANCES  OF 


Penalties 
for  violation 
of  regulations. 


Penalty. 


Regiilations 
and  fees  to  be 
kept  in  view. 


excepting  as  aforesaid,  one  dollar  and  fifty  cents  for 
the  first  hour,  and  for  the  second  hour  one  dollar  ; or 
the  passenger  or  passengers  may  use  or  detain  the  car- 
riage all  day,  from  8 a.  m.  to  6 p.  m.,  for  the  sum  of 
eight  dollars. 

No  charge  shall  be  made  in  any  case  for  children 
under  seven  years  of  age,  or  for  the  ordinary  baggage 
allowed  to  passengers  by  railroad  companies. 

^ 4.  Any  owner  or  driver  of  any  hack,  cab  or  other 
carriage  who  shall  neglect  or  refuse  to  convey  any 
passenger  to  any  place  within  the  bounds  of  the  city, 
upon  application  and  the  tender  of  the  requisite  fee,  or 
shall  charge  aii}^  additional  sum  for  going  from  the 
stand  to  take  up  a passenger  or  passengers,  or  shall 
demand  or  receive  any  higher  prices  or  rates  than  are 
herein  established,  or  vShall  neglect  or  refuse  to  place 
upon  his  carriage  the  proper  number  of  his  license, 
shall  be  subject  to  a fine  of  not  less  than  twenty  dol- 
lars, or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  ten  nor  more  than  thirt}'  days 
for  each  offense. 

§ 5.  Any  person  obtaining  a license,  as  aforesaid, 
shall  receive,  without  additional  charge,  from  the  city 
clerk,  duplicate  numbers,  which  numbers  shall  be 
conspicuously  fixed  and  maintained,  one  on  each  side 
of  such  carriage,  and  (excepting  in  the  case  of  vehicles 
used  only  for  the  conveyance  of  baggage)  shall  also 
receive  from  said  clerk,  without  additional  charge,  two 
cards  on  which  shall  be  plaiidy  printed  the  regulations. 


THE  CITY  OF  SYRACUSE. 


309 


and  fees  established  by  these  ordinances,  which  such 
licensed  person  shall  maintain  in  such  places  in  such 
carriage  as  to  be  conveniently  read  by  passengers  at  all 
times.  Any  violation  of  any  of  the  provisions  of  this 
section  shall  subject  the  owner,  keeper  or  driver  of 
such  carriage  to  a fine  of  not  less  than  ten  nor  more 
than  thirty  dollars,  or  to  imprisonment  in  the  peniten-  Penalty, 
tiary  of  the  county  for  not  less  than  ten  nor  more  than 
thirty  days,  for  each  offense. 

§6.  Any  person  who  shall,  without  the  license  Persons  not 
hereinbefore  specified,  within  the  corporate  bounds  of 
the  city,  solicit  passengers  or  others,  or  their  baggage, 
for  any  hack,  cab  or  other  carriage,  shall  be  subject  to 
a fine  of  five  dollars,  or  to  imprisonment  in  the  peni-  Penalty, 
tentiary  of  the  county  for  ten  days,  for  each  offense. 

^7.  No  hackman,  cab,  coach,  baggage,  or  omnibus  Hackmen, 
driver  shall  enter  any  railroad  depot  on  the  arrival  of 
passenger  trains,  unless  he  shall  have  a check  for  bag- 
gage, or  unle.ss  he  shall  enter  to  take  baggage  into  the 
depot ; and  when  entering  the  depot  with  checks  for 
baggage,  he  shall  stand  in  the  place  directed  by  the 
depot  policeman ; nor  shall  such  hackman  or  other 
driver  solicit  pa.ssengers  or  baggage  while  in  such 
depot.  Any  persons  violating  an}"  of  the  provisions  of 
this  section  shall  be  subject  to  a fine  of  -not  less  than 
ten  nor  more  than  fifty  dollars,  or  to  imprisonment  in  Penalty, 
the  penitentiary  of  the  county  for  not  less  than  thirty 
days  nor  more  than  three  months. 

§8.  The  open  space  on  West  Water  .street,  known  Hack  stands. 


310 


ORDINANCES  OF 


as  the  Packet  dock,  and  the  open  space  on  Franklin 
street,  between  West  Fayette  street  and  the  tracks  of 
the  N.  Y.  C &H.  R.  R.,  and  are  hereby  designated 
as  the  hack  stands  for  this  city,  and  all  owners  or 
drivers  of  hacks,  cabs,  omnibuses  or  other  such  public 
conveyances  are  hereby  required  to  locate  their  vehicles 
at  said  places,  those  occupying  the  Packet  dock  to  face 
their  horses  to  the  street  in  a line  with  the  street  pave- 
ment, at  such  a distance  therefrom  as  not  to  intrude 
upon  said  street ; and  those  occupying  the  stand  on 
Franklin  street  are  to  face  the  east  in  line  with  the 
west  side  of  said  street,  when  not  engaged  in  convey- 
ing passengers  about  the  streets;  provided,  that  the 
proprietors  of  each  hotel  may  be  allowed  one  hack  or 
carriage,  to  be  designated  by  number,  to  stand  in  front 
of  such  hotel,  under  the  direction  of  the  superintendent 
of  streets.  The  superintendent  of  streets  is  hereby 
directed  to  assign  positions  to  all  vehicles.  Any  owner 
or  driver  of  hack,  cab,  omnibus,  or  other  livery  or 
public  conveyance,  who  shall  violate  any  of  the  pro- 
visions of  this  section  shall  be  subject  to  a fine  of  five 
Penalty.  dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  ten  days  for  each  offense. 


Hacks,  &c., 
in  which 
small-pox 
patients 
have  been 
carried  to 
be  purified. 


^9.  No  hack,  cab,  stage,  livery  carriage  or  other 
vehicle  used  for  the  conveyance  of  passengers  or  their 
baggage,  in  which  a person  known  to  the  owner  or 
driver  thereof  to  be  afflicted  with  small-pox  shall 
have  been  carried,  shall  thereafter  be  used  for  the 
transportation  of  any  passengers  or  their  baggage  until 
such  hack,  cab,  stage,  livery  carriage  or  other  vehicles 


THE  CITY  OE  SYRACUSE. 


31 


shall  have  been  thoroughly  purified  to  the  satisfaction 
of  the  health  inspector,  nor  until  he  shall  have  so  certi- 
fied in  writing.  Any  violation  of  the  foregoing  pro- 
visions by  the  driver  or  owner  of  such  hack,  cab, 
stage,  livery  carriage  or  other  vehicle,  shall  subject 
the  person  guilty  thereof  to  a fine  of  fifty  dollars  or  to  Penalty, 
imprisonment  in  the  penitentiary  of  the  county  for  not 
less  than  ten  days  nor  more  than  three  months  for  each 
offense. 


CHAPTER  XXI. 

HAY. 

Section  i . The  piece  of  ground  in  the  fourth  ward,  Hay  market— 

weighing  hay, 

bounded  by  Salina,  Pearl  and  Bridge  streets,  shall 
hereafter  be  known  as  ‘‘ Hay-market  Square,  ” and  is 
hereby  designated  as  the  stand  for  the  sale  of  hay,  straw, 
corn  stalks  or  any  such  products;  and  loads  of  hay, 
straw,  corn  stalks  or  any  such  products  shall  not  stand 
in  or  upon  any  other  public  square,  street  or  alley, 

(except  in  the  first  ward)  exposed  for  sale.  Upon  the 
entry  of  every  load  of  hay,  straw  or  corn  stalks  upon 
Hay-market  square,  the  owner  or  his  agent  in  charge 
thereof  shall  pay  to  the  weigher  of  hay  for  each  load  of 
hay  or  straw  twenty-five  cents,  and  for  each  load  of 
corn  stalks  ten  cents.  Every  load  of  hay,  straw  or 
corn  stalks,  having  paid  its  entrance  fee,  shall  be 
entitled  to  full  and  light  weight  without  charge  for 
either.  The  hay  scales  or  the  machine  erected  on 
Hay- market  square,  shall  be  the  scales  for  weighing 


312 


ORDINANCES  OF 


Penalty. 


Weigher’s 
office  hours 
and  weigh 
notes. 


Re-weighing 
vehicles  to 
ascertain  the 
net  weight 
of  loads. 


hay,  straw,  lime  or  other  things  within  the  city.  For 
every  load  of  lime,  every  draft  of  horses,  cattle,  hogs, 
or  other  articles,  there  shall  be  paid  to  the  weigher  ten 
cents.  Any  person  refusing  so  to  pay  or  violating  any 
of  the  provisions  of  this  section  shall  be  subject  to  a 
fine  of  not  less  than  two  nor  more  than  ten  dollars,  or 
to  imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  five  nor  more  than  thirty  days  for  each 
offense. 

§ 2.  The  weigher  of  hay  shall  attend  at  the  office 
daily,  and  when  required  shall  weigh  hay,  lime  or 
other  articles  for  any  person,  provided  his  services  are 
not  required  before  sunrise  nor  after  sunset.  He  shall 
weigh  the  articles  offered  and  the  vehicles  on  which 
they  are  loaded  together,  and  shall,  after  weighing  the 
same,  give  to  the  penson  who  offered  them  for  weigh- 
ing a weigh-note  subscribed  by  the  weigher,  setting 
forth  the  gross  weight  of  both  load  and  vehicle,  with- 
out separately  noticing  the  tare  or  weight  of  the 
vehicle,  and  shall  affix  the  date  of  the  weighing  and 
the  name  of  the  owner  of  the  article  weighed. 

3.  The  weigher,  after  having  weighed  any  load 
.shall,  without  additional  charge,  upon  request  by  the 
seller  or  purcha.ser  of  the  load  made  on  the  same  day 
such  load  was  weighed,  re-weigh  the  vehicle  so  as  to 
ascertain  the  true  net  weight  of  the  hay  or  other  article 
and  shall  insert  in  the  weigh-note  before  given,  under 
the  statement  of  “ gro.ss  weight,”  the  words  “tare 
weight,”  with  the  weight  of  the  vehicle  oppo.site 
thereto  in  figures,  and  deducting  the  tare  from  the 


THE  CITY  OR  SYRACUSE. 


313 


gross  weight,  shall  sign  his  name  to  the  statement  so 
made  by  him.  When  the  load  is  quick-lime  he  shall 
certify  the  number  of  bushels  and  parts  thereof  in  it, 
at  the  rate  of  seventy  pounds  to  the  bushel,  and  for 
water  lime  at  the  rate  of  sixty  pounds  to  the  bushel. 

§ 4.  Any  owner  or  seller  of  hay,  lime  or  other  articles  Refusal  to 

ascertain  tare. 

who  shall  neglect  or  refuse  to  have  the  tare  ascertained 
as  aforesaid,  upon  the  request  of  the  purchaser  made 
the  same  day,  shall  be  subject  to  a fine  of  five  dollars 
or  to  imprisonment  in  the  penitentiary  of  the  county  Penalty, 
for  not  less  than  five  nor  more  than  ten  days. 

^ 5.  When  any  person  shall  apply  to  the  weigher  to  weighing 

• vehicles,  etc. 

weigh  his  wagon,  cart,  sled  or  other  vehicle,  not  likely 
to  injure  the  scale  in  weighing,  he  shall  weigh  the 
same  and  enter  the  weight  thereof  in  a book,  and 
shall  mark  if  requested,  on  some  conspicuous  part  of 
such  wagon,  sled  or  vehicle  the  weight  of  the  same, 
such  person  paying  therefor  five  cents  to  the  weigher 
in  addition  to  the  fee  for  weighing  the  contents  of  the 
vehicle. 

§6.  Any  person  who  shall  sell  or  offer  to  sell,  or  [>enaity  for  al- 
tering weight 

shall  request  to  have  weighed,  any  hay,  lime  or  other  notes  and 

placing  im- 

article  in  which  any  improper  substance  has  been  stTncesTn^' 
placed,  or  where  any  improper  device  shall  have  been 
used  to  increase  the  weight  thereof,  or  who  shall 
knowingly  make  or  alter  any  weigh-note  or  indorse- 
ment thereon,  or  shall,  with  intent  to  defraud,  alter 
or  pass  any  true  weigh-note  as  the  weigh-note  of  any 
hay,  lime,  merchandise,  or  other  article,  for  which 


Weigher’s 
endorsement 
and  entries. 


Not  to  weigh 
in  any  other 
place. 


314  ORDINANCES  OF 

the  same  weigh-note  was  not  given,  shall  be  subject 
to  a fine  of  not  less  than  ten  nor  more  than  fifty 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months- 

§ 7.  It  shall  be  the  duty  of  the  weigher  in  every 
case  when  hay  not  sufficiently  dry,  or  from  any  other 
cause  may  be  heavier  than  good  and  merchantable 
ha}^  shall  be  brought  to  him  to  be  weighed,  to  in- 
dorse a statement  of  the  fact  on  the  weigh-note, 
together  with  the  number  of  pounds  which  in  his 
opinion  should  be  deducted  by  reason  thereof ; it  shall 
also  be  his  duty  to  make  due  entries  in  his  books  of 
the  name  of  every  person  whose  hay  or  lime  or  other 
articles  shall  be  weighed  by  him,  the  day  of  weighing, 
the  weight,  and  number  of  bushels  of  lime,  etc., 
which  book  shall  be  open  for  inspection  to  any  mem- 
ber of  the  city  government  when  required  ; he  shall 
also  make  a verified  return  to  the  city  clerk  once 
in  each  month  of  all  receipts  by  him  during  that 
time,  together  with  the  number  of  loads  of  hay  or 
lime  or  other  articles  weighed. 

§ 8.  Any  person  who  shall  offer  for  sale  upon  any 
of  the  public  squares  or  places  designated  by  the 
council  as  stands  for  the  sale  of  hay,  etc.,  any  load 
of  hay  or  other  substance  weighed  upon  private 
scales,  (unless  such  load  of  hay  or  other  things 
shall  be  re- weighed  upon  the  public  scales  and  the 
fees  paid  to  the  weigher,)  .shall  be  subject  to  a fine 
of  three  dollars  or  to  imprisonment  in  the  peni- 


THE  CITY  OF  SYRACUSE. 


315 


tentiary  of  the  county  for  ten  days  for  each  offense. 

The  loads  of  hay,  straw,  etc.,  must  stand  upon  Hay- 
market  square,  in  such  place  and  manner  as  shall 
be  designated  the  weigher  of  hay,  and  any  person 
refusing  or  neglecting  to  comply  with  such  desig- 
nation shall  be  subject  to  a fine  of  five  dollars  or  to  Penalty, 
imprisonment  in  the  penitentiaty  of  the  county  for 
ten  days  for  each  offense. 

^ 9.  Henceforth  all  persons  are  prohibited  from  stor- Must  obtain 

permiss-ion 

ing  hay  or  building  hayricks  within  the  city  limits 
without  first  obtaining  permission  from  the  mayor, 
common  council  or  chief  engineer  of  the  fire  depart- 
ment. Any  person  violating  any  provision  of  this 
section  shall  be  subject  to  a fine  of  twenty-five  dollars  i>enaity. 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  ten  days  for  each  offense,  and  a further  fine  of  five 
dollars  for  every  twenty- four  hours  said  hay  remains 
after  it  has  been  ordered  to  be  removed  by  the  chief 
engineer  or  superintendent  of  streets. 


CHAPTER  XXII. 

HKALTH  INSPECTOR. 

Section  i.  It  shall  be  the  duty  of  the  health  in- Duties  and  * 

powers  of 

spector  to  carry  out  the  orders  of  the  board  of  health  ^eaith 
or  of  the  common  council  in  relation  to  the  sanitary 
regulations  of  the  city,  to  make  from  time  to  time  a 
thorough  examination  of  the  city,  and  cause  all  nuis- 
ances or  matter  liable  to  become  such,  to  be  abated 


ORDINANCES  OF 


Duties  and 

powers 

continued. 


Owner  or 
occupant  ma 
be  arrested 
for  neglecr 
or  refusal 
to  abate 
nuisance. 


Penalty. 


316 

with  all  reasonable  promptness.  For  the  purpose  of 
carrying  out  the  foregoing  requirements  he  shall  be 
permitted  at  all  times,  from  the  rising  to  the  setting  of 
the  sun,  to  enter  into  any  house,  store,  stable  or  other 
building  and  cause  the  building  to  be  raised  if  neces- 
sary in  order  to  thoroughly  examine  the  cellar,  vaults, 
sinks  or  drains ; to  enter  upon  all  lots  or  grounds  for 
the  purpose  of  causing  stagnant  water  to  be  drained 
off,  pools,  sinks,  vaults,  drains  or  low  grounds  to  be 
cleaned,  filled  up  or  otherwise  improved  or  amended, 
privies  to  be  cleaned  and  kept  clean,  and  dead  animals 
or  other  nauseous  things  or  substances  to  be  buried  or 
removed  from  the  city. 

^ 2.  Whenever  it  shall  appear  to  the  satisfaction  of 
the  health  inspector  that  there  exists  upon  any  premi- 
ses, any  noxious  or  offensive  thing  or  substance  what- 
ever which  may  be  a nuisance  or  become  such,  or  may 
be  injurious  to  health,  or  by  noxious  air  annoy  the 
neighborhood,  he  shall  at  once  notify  the  owner  or 
occupant  of  the  premises  where  such  offensive  matter 
or  nuisance  is  located,  and  if  the  said  owner  or  occu- 
pant shall  neglect  or  refuse  to  remove  such  offensive 
matter  or  abate  such  nuisance,  within  six  hours  after 
the  giving  of  said  notice,  the  said  owner  or  occupant 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more 
than  fifty  dollars,  or  to  imprisonment  in  the  peniten- 
tiary of  the  county  for  thirty  days,  or  both  such  fine 
and  imprisonment,  and  the  said  health  inspector  may 
at  once  proceed  to  remove  such  offensive  matter  ot 
abate  such  nuisance  at  as  reasonable  a cost  as  possible, 


THE  CITY  OF  SYRACUSE. 


317 


which  cost  ina\’  be  collected  of  said  owner  or  occu-  Expense  majr 

be  collected 


pant  b}"  suit  in  addition  to  the  penalty  above  stated. 


of  owner  or 
occupant. 


§ ■;.  Any  person  who  shall  represent  himself  as  aFaiserepre- 

sentations 

member,  agent  or  employee  of,  or  in  any  manner  boarI?of^ 

• ViGcVlth 

connected  with  the  board  of  health,  without  being 
duly  authorized  so  to  do,  shall  be  subject  to  a fine  of 
not  less  than  ten  nor  more  than  fifty  dollars,  or  to  Penalty, 
imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  ten  nor  more  than  thirty  days  for 
each  offense. 


CHAPTER  XXIII. 

IJOUOKS. 

vSection  I.  Any  person  who  shall  sell  or  give  ^-'Quors 

and  wines, 

away  any  strong  or  spiritous  liquors  or  wine,  iu 
quantities  less  than  five  gallons,  to  be  drank  in  his 
her  house,  store  or  shop,  or  in  any  out- house,  yard  or 
garden  appertaining  thereto,  or  shall  suffer  any  such 
liquors  or  wines  to  be  sold  or  giv^en  away  by  any 
person  in  his  or  her  employ,  or  under  his  or  her 
direction  or  authority,  to  be  drank  in  his  or  her  house 
or  shop,  or  in  any  out-house,  yard  or  garden  apper- 
taining thereto,  or  shall  sell  or  give  away,  or  shall 
keep  any  such  wines  or  li([Uors  for  sale  or  for 
giving  away,  or  keep  open  any  house,  store,  shop, 
out- house,  yard  or  garden,  for  the  selling  or  giving 
away  any  such  liquors  or  wines,  except  after  being 
duly  licensed  therefor,  shall  be  subject  to  imprison- 


Penalty. 


All  persons 
selling  fresh 
meats  on 
public 

squares,  etc., 
to  obtain  a 
license. 


Location  of 
meat  vendors. 


318  ORDINANCES  OF 

merit  in  the  penitentiary  of  the  county  for  not  less 
than  thirty  days  nor  more  than  three  months,  or  to  a 
fine  of  not  less  than  ten  or  more  than  fifty  dollars,  or 
both  such  fine  and  imprisonment. 

CHAPTER  XXIV. 

MARKETS. 

Section  i.  Any  person  who  shall  by  himself,  his 
agent  or  servant  offer  for  sale  any  fresh  meats  of  any 
kind  upon  any  of  the  public  squares,  streets  or  alleys 
of  the  city  shall  first  obtain  a license  for  such 
purpose  from  the  mayor  or  common  council  and  pay  a 
fee  therefor  of  not  less  than  two  nor  more  than 
twenty-five  dollars,  at  the  discretion  of  the  mayor 
or  of  the  common  council ; such  license  shall  not 
be  granted  for  a longer  time  than  three  months,  and 
may  be  revoked  by  the  mayor  or  common  council 
at  any  time  for  proper  cause.  All  wagons,  sleighs 
or  other  vehicles,  the  owner  or  agent  of  which  has 
procured  a license  for  the  purposes  herein  specified, 
shall  stand  upon  Clinton  square  on  the  north  side 
of  the  Erie  canal,  with  the  rear  of  such  vehicle 
to  the  south,  and  sufficiently  distant  from  the  cen- 
ter of  the  street  so  as  not  to  obstruct  the  free  use 
of  the  same ; and  shall  at  all  times  obey  the  mayor, 
any  alderman,  the  superintendent  of  streets  or  any 
policeman,  as  to  place  of  standing.  Nothing  in  this 
section  contained  shall  be  construed  to  prevent  or 
hinder  any  farmer  from  disposing  of  his  ordinary 


THE  CITY  OF  SYRACUSE. 


319 


product  of  meats,  either  by  the  carcass  or  quarter,  but 
is  intended  to  restrain  butchers  and  other  persons 
from  making  the  streets  a daily  market  place.  Any 
person  violating  any  provision  of  this  section  shall  be  Penalty, 
subject  to  a fine  of  not  less  than  three  nor  more  than 
ten  dollars  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  five  nor  more  than  ten 
days,  for  each  offense. 

§2.  Any  person  exposing  or  offering  for  sale  any  piace  for 

sale  of  meats, 

meats  or  poultry  from  any  wagon,  sleigh  or  other  poultry,  &c. 
vehicle,  shall  expose  or  offer  the  same  upon  Clinton 
square,  north  of  the  Erie  canal  or  in  Union  market, 
and  any  person  or  persons  exposing  or  offering  for  sale 
any  grain  of  any  kind  from  any  wagon  or  sleigh  or 
other  vehicle,  shall  expose  and  offer  the  same  on  the 
north  side  of  Hanover  square,  between  the  east  line  of  Grain— 
the  Onondaga  County  Savings  Bank  building  and  the 
west  line  of  Warren  street  or  in  Union  market,  and  no 
person  shall  expose  or  offer  for  sale  any  meats, 
poultry,  vegetables  or  farm  produce  or  grain  upon  any 
other  public  square,  street  or  alley  within  the  city  of 
Syracuse  than  as  above  designated,  except  in  the 
first  ward.  Any  person  violating  any  of  the  pro-  i>enaity. 
visions  of  this  section  shall  be  subject  to  a fine  of  not 
less  than  three  nor  more  than  ten  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  county  for  not 
less  than  five  nor  more  ten  days  for  each  offense. 

§ 3.  Any  person  or  persons  exposing  or  offering  for  Fruits,— 

. ^ where  sold. 

sale  any  fruits  of  any  kind  from  any  wagon,  sled  or 


320 


ORDINANCES  OF 


Penalty. 


other  vehicle,  shall  expose  or  offer  the  same  upon 
Clinton  square,  north  of  the  Erie  canal  or  in  Union 
market;  and  any  person  or  persons  offering  or  ex- 
posing fruits  for  sale  on  any  other  public  square, 
street  or  alley  within  the  city  of  Syracuse,  than  as 
above  designated  (except  in  the  first  ward)  shall  be 
subject  to  a fine  of  not  less  than  two  nor  more  than 
ten  dollars,  or  to  imprisonment  in  the  penitentiar}^  of 
the  county  for  not  less  than  five  nor  more  than  ten 
davs  for  each  offense. 


Fish,— 
where  sold. 


Penalty. 


§ 4.  Any  person  who  shall  offer  for  sale  any  fresh 
fish  from  any  wagon,  sleigh  or  other  vehicle,  at  any 
place  in  this  city,  (except  in  the  first  ward,)  than 
on  the  north  side  of  the*  north  sidewalk  on  East 
Water  street,  immediately  west  of  the  first  telegraph 
pole  west  of  the  weighlock,  or  in  Union  market  shall 
be  subject  to  a fine  of  five  dollars  or  to  imprisonment 
in  the  penitentiary  of  the  county  ten  days^  for 
each  offense. 


for”re^seiiing  ^ persoii  wlio  shall  purcliase  upon  the 

upon  markets,  qj.  pi^ees  within  this  city  designated  as  mar- 

ket stands,  any  fruit,  butter,  eggs,  vegetables,  poul- 
try, meat,  grain,  or  other  provisions  or  produce, 
with  intent  or  for  the  purpose  of  re-selling  the 
same  on  .said  market,  or  who  shall  offer  to  re  sell 
the  same  on  such  market  stand  or  stands,  shall  be 
subject  to  a fine  of  not  less  than  five  nor  more 
than  twenty-five  dollars  or  to  imprisonment  in  thq 
penitentiary  of  the  county  for  ten  days  for  each 
offense.  ' 


THE  CITY  OE  SYRACUSE.  32  I 

§6.*  No  person  or  corporation  shall  sell  at  retail  Must  obtain 

license  to 

Upon  any  street,  square  or  public  place  in  the  city,  pedSe^goods 
or  hawk,  peddle  or  vend  within  the  corporate  limits 
of  the  city  any  goods,  wares  or  merchandise  of  any 
kind  or  description  without  having  first  obtained  a 
license  so  to  do  from  the  mayor  or  common  coun- 
cil, and  having  paid  the  fee  therefor,  as  herein  pro- 
vided, which  fee  shall  be  not  less  than  the  minimum, 
nor  greater  than  the  maximum  sum  hereinafter 
directed  to  be  paid  for  such  license,  and  the  said 
license  shall  continue  in  force  from  the  time  specified 
therein,  said  fee  and  the  time  of  the  continuance  of 
such  license  to  be  fixed  by  the  mayor  or  common  Continuance 

of  license 

council,  provided,  however,  that  no  license  shall  run  ° 

for  a longer  period  than  until  the  15th  day  of  April  ^tnmon^ 

, . . council. 

next  succeeding  the  date  of  its  issue. 

The  sums  to  be  paid  on  the  issuing  of  such  licenses 
by  the  persons,  or  corporations  to  whom  they  may  be 
granted  respectively  shall  cover  the  period  of  the 
continuance  of  such  license  as  stated  therein,  and  are 
hereby  fixed  as  follows ; 

For  a license  to  sell  candy,  pop  corn,  pea  nuts, 
fruits,  coffee,  tea,  lunches,  ice  cream,  jewelry,  patent 
medicines,  nostrums,  specifics,  lotions,  perfumes,  ex- 
tracts, stationery,  or  other  articles  from  stand,  plat- 
form or  wagon  located  in  any  .street,  sc[uare  or  public 
place  not  less  than  two  nor  more  than  fifty  dollars. 

For  a license  to  hawk,  peddle  or  vend  candy,  pop  [rom’ SS^nci 

— or_wagon. 

* As  amended  May  29th,  1893. 


21 


322 


ORDINANCES  OF 


Fees  to  sell 
streets,  etc. 


Penalty. 


Public 

weigher. 


Penalty  for 
violation. 


Licenses 

required. 


corn,  fruits,  pea  nuts,  coffee,  tea,  lunches,  ice  cream, 
jewelry,  patent  medicines,  nostrums,  specifics,  lotions, 
perfumes,  extracts,  stationery,  or  other  articles  upon 
the  streets,  squares  or  public  places,  or  from  house 
to  house,  on  foot  with  basket,  crate  or  other  re- 
ceptacle, or  hand  cart,  or  with  horse  or  team  and 
wagon,  not  less  than  one  nor  more  than  twent3"-five 
dollars. 

Every  person  violating  any  provision  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more 
than  fifty  dollars  or  to  imprisonment  in  the  peniten- 
tiary of  the  county  for  not  less  than  ten  or  more  than 
sixty  days,  or  both  such  fine  and  imprisonment. 

§ 7.*  No  person  other  than  the  public  weigher 
shall  weigh  for  hire  on  Clinton  square,  or  any  other 
place  in  the  city,  where  the  public  weigher  is  re- 
quired by  the  common  council  to  perform  his  duties, 
any  vegetables,  farm  produce,  poultr}',  meats  or 
other  marketable  articles  required  to  be  weighed. 
An3"  person  violating  any  of  the  provisions  of  this 
section  shall  be  subject  to  a fine  of  five  dollars  for 
each  offense. 


CHAPTER  XXV. 

IMILK. 

Section  i.  It  shall  not  be  lawful  for  any  person 
to  peddle  milk  or  deliver  the  same  to  the  inhab- 
itants of  the  city,  from  any  cart,  wagon,  or  vehicle, 
* As  amended  June  20th,  1892. 


THE  CITY  OF  SYRACUSE. 


323 


whatever,  in  any  of  the  public  squares,  streets  or 
alleys  of  said  city,  without  first  having  been  duly 
licensed  to  do  the  same  by  the  mayor  of  said  city, 
as  hereinafter  provided.  Any  person  violating  the 
provisions  of  this  section  shall  be  subject  to  a fine 
of  not  less  than  ten  nor  more  than  fifty  dollars,  or  penalty, 
to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  thirty  days  nor  more  than  three 
months  for  each  offense. 

Such  license  may  be  granted  and  issued  by  the  Mayor  may 

grant  and 

mayor  of  said  city  to  any  person  applying  there-  g"®®' 

for,  upon  the  production  of  evidence  satisfactory  to 
the  mayor  that  such  applicant  is  able  to  and  will 
furnish  good,  pure  and  wholesome  milk  to  the  in- 
habitants of  said  city,  and  upon  the  payment  of 
the  sum  of  not  less  than  five  nor  more  than  ten 
dollars  license  fee  for  each  and  every  wagon,  cart 
or  vehicle  used  by  said  applicant  in  the  said  busi- 
ness. Such  license  shall  continue  in  force  until  the 
1 5th  day  of  April  next  after  the  granting  of  the 
same,  and  no  longer. 

^2.  The  mayor  is  hereby  empowered,  when  it  Mayor  may 
shall  appear  to  him,  after  hearing,  that  any  person  licen.se. 
to  whom  such  license  has  been  granted,  has  sold 
or  delivered,  or  caused  or  permitted  any  person  for 
him  to  sell  or  deliver,  to  any  inhabitant  of  said 
city,  any  adulterated  or  unwholesome  milk,  or  has 
in  any  way  violated  any  of  the  provisions  of  this 
ordinance,  to  revoke  any  license  by  him  so  granted. 


324 


ORDINANCES  OF 


All  wagons 
^ and  vehicles 
to  be  num- 
bered. 


Penally. 


Nuisances 

prohibited. 


^ 3.  Every  such  peddler  or  vender  of  milk  shall 
cause  his  wagon  or  vehicle  to  be  numbered,  such 
number  to  be  designated  and  (together  with  the 
name  and  place  of  residence  of  such  peddler)  filed 
with  the  city  clerk,  and  thereupon  the  city  clerk 
shall  furnish  to  such  peddler,  without  further  charge^ 
duplicate  numbers,  which  such  peddler  shall  fasten 
upon  his  wagon  or  vehicle  so  licensed  and  used  by 
said  licenseee  in  the  peddling  or  distributing  of 
milk  in  said  city,  one  on  each  side  thereof,  so  that 
they  may  be  plainly  seen,  and  shall  there  retain 
them  during  the  life  of  such  license.  Any  person 
who  shall  violate  any  provision  of  this  section  shall 
be  subject  to  a fine  of  not  less  than  five  or  more 
than  fifty  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months  for  each  offense ; and 
it  is  hereby  made  the  special  dut}"  of  the  police 
officers  of  said  city  to  see  that  the  provisions  of 
this  chapter  are  enforced. 


CHAPTER  XXVI. 

NUISANCE.S. 

Section  i.  Any  person  who  shall  .suffer  or  per- 
mit any  cellar,  vault,  private  drain,  pool  privy, 
sewer  or  grounds  upon  any  premises  belonging  to 
or  occupied  by  him,  to  become  foul,  offensive  or 
injurious  to  the  public  health,  he  shall  be  subject  ' 
to  a fine  of  not  le.ss  than  five  nor  more  than  fifty 


THE  CITY  OF  SYRACUSE. 


325 


dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  ten  or  more  than  thirty 
days  for  each  offense ; provided  that  the  same  has  Penalty, 
been  declared  a nuisance  by  the  board  of  health, 
and  a notice  in  writing  to  abate  the  same  has  been 
personally  serA^ed  or  caused  to  be  served  on  the  per- 
sons offending,  by  the  clerk  or  other  officer  or  mem- 
ber of  the  said  board. 

§ 2.  Any  distiller,  brewer,  tanner,  soap  boiler.  Discharging- 

foul  substan- 

tallow  chandler,  livery  stable  keeper,  or  other  per-  upon  side- 

son,  who  shall  permit  the  discharge  or  overflow 

from  any  premises  or  ground  occupied  by  him  or 

them  of  any  foul  or  nauseous  liquor  or  substance 

of  any  kind  whatever,  into  or  upon  an  alley,  street 

or  sidewalk  in  the  city,  shall  be  subject  to  a fine 

of  not  less  than  five  nor  more  than  fifty  dollars, 

or  to  imprisonment  in  the  penitentiary  of  the  county 

for  not  less  than  ten  nor  more  than  thirty  day  vS,  Penalty. 

or  both  .such  fine  and  impri.soiiment  for  each  offense; 

and  a like  fine  for  every  twenty-four  hours  the 

same  shall  be  continued  after  the  first  conviction. 

^ 3.  Any  person  who  shall  build,  make  or  use,  or  slaughter 

houses  and 

shall  cause  to  be  built  any  slaughter  house,  crude  petroleum 

^ ’ factories  not 

petroleum  refinery  or  place  for  the  manufacture  of  wiufoSt  per- 
any  article  made  from  crude  petroleum  within  the  Common 

council. 

limits  of  the  city,  without  permission  from  the  com- 
mon council  first  had  and  obtained,  .shall  be  subject  to 
a fine  of  twenty-five  dollars,  or  to  imprisonment  in 
the  penitentiary  of  the  county  for  ten  days,  and  a 


326 


ORDINANCES  OF 


Penalty  of 
depositinj? 
or  leaving 
offensive 
substances 
in  streets. 


Penalty. 


Not  to  allow 
filth  to  run 
on  to  other 
premises, 
or  into  streets. 


like  fine  or  imprisonment  for  every  day  the  same 
shall  be  used  for  said  purpose  after  written  notice 
to  discontinue  the  same. 

§ 4.  Any  person  who  shall  throw,  place  or  deposit 
or  permit  any  person  in  his  or  her  employ  to  throw, 
place  or  deposit  any  dirt,  dead  animal,  carrion, 
putrid  meat  or  fish,  entrails,  shells  of  clams  or 
oysters,  decayed  or  decaying  vegetables,  or  foul 
substances  of  any  kind  in  or  upon  any  sidewalk, 
street,  alley,  lane  or  park  in  the  cit}^  or  shall  cause  or 
permit  any  such  material  or  substance  to  be  or  remain 
in  or  upon  any  lot  owned,  used  or  occupied  by  him  or 
her,  whether  so  thrown,  placed  or  deposited  by  him  or 
her,  or  not,  shall  be  subject  to  a fine  of  not  less  than 
five  nor  more  than  fifty  dollars,  or  to  imprisonment  in 
the  penitentiary  of  the  county  for  not  less  than  ten  nor 
more  than  thirty  days  for  each  offense,  and  a like  fine 
or  imprisonment  for  every  twenty-four  hours  such 
material  or  substances  shall  remain,  after  written 
notice  to  abate  the  same. 

^ 5.  Any  person  who  shall  permit  water,  slops  or 
any  kind  of  foul  liquid  to  run  from  his  or  her  lot 
or  from  a lot  in  his  or  her  possession,  on  to  any 
other  lot  or  into  any  street,  shall  be  subject  to  a 
fine  of  not  less  than  two  nor  more  than  fifteen 
dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  five  nor  more  than 
ten  days  for  each  offense,  and  to  a like  fine  or 
imprisonment  for  every  twenty-four  hours  the  same 


Penalty. 


THE  CITY  OF  SYRACUSE. 


327 


shall  remain  or  continue  after  written  notice  to 
abate  such  nuisance. 

§6.  Any  person  who  shall  permit  slops,  water  or  not  per- 
other  liquid  matter  to  stand  or  remain  upon  any 
lot  owned  or  occupied  by  him  or  her,  or  upon  any 
lot  of  which  he  or  she  has  control  as  tenant  or 
agent  or  otherwise,  until  the  same  becomes  offen- 
sive or  stagnant,  shall  be  subject  to  a fine  of  not 
less  than  three  nor  more  than  ten  dollars,  or  to 
imprisonment  in  the  penitentiary  of  the  county  for  Penalty, 
not  less  than  five  or  more  than  ten  days  for  each 
offense,  and  to  a like  fine  or  imprisonment  for  every 
day  the  same  shall  remain,  after  written  notice  to 
remove  the  same. 


^7.  Whenever  the  owner,  occupant  or  the  agent  Hoard  of 

health  to 

of  the  occupant  of  • any  premises,  in  or  upon  ^vhich 

any  nuisance  may  be  found,  are  unknown  or  can-  owner^" 

not  be  found,  the  board  of  health  shall  proceed  to 

abate  such  nuisance,  and  the  expense  of  such  abate-  Expense-how 

collected. 

ment  may  be  collected  by  suit  against  the  owner, 
agent  or  occupant,  in  the  name  of  the  city,  or  the 
same  may  become  assessed  and  become  a lien  upon 
the  property,  as  in  the  case  of  the  assessment  of 
sewers,  in  which  case  it  shall  be  the  duty  of  the 
clerk  of  the  board  of  health  to  report  to  the  com- 
mon council  the  whole  amount  of  the  expen.ses 
attending  the  abatement,  with  as  full  a description 
of  the  premises  as  may  be,  with  the  name  of  the 
owner,  agent  or  occupant  when  known  ; whereupon 


328 


ORDINANCES  OF 


Injury  to 
public 
waters 
prohibited. 


Penalty. 


Tenants  to  be 
removed  when 
required  by 
board  of 
health. 


Penalty. 


the  common  council  shall,  by  resolution,  direct  the 
assessors  to  assess  the  same  upon  the  premises. 
Such  further  proceedings  shall  then  be  had  as  in 
the  case  of  sewer  assessments. 

§ 8.  Any  person  who  shall  throw,  cast  or  deposit, 
or  cause  to  be  thrown,  cast  or  deposited  into  or  upon 
the  margin  of  any  canal,  creek,  or  other  public 
waters  within  the  city  limits,  any  animal  or  vege- 
table substance,  or  foul  substance  of  any  kind  what- 
ever, shall  be  subject  to  a fine  of  not  less  than 
five  nor  more  than  twenty  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less 
than  five  nor  more  than  thirty  days,  or  both  such 
fine  and  imprisonment,  for  each  offense. 

§ 9.  Whenever  upon  due  examination  it  shall  ap- 
pear to  the  board  of  health  that  the  number  of  per- 
sons occupying  any  tenement  or  building  within  the 
city  is  so  great  as  to  be  in  the  opinion  of  said 
board  a cause  or»  source  of  bad  health  or  of  sick- 
ness, said  board  may  issue  its  warrant  commanding 
the  owner  or  owners  of  such  tenement  or  building 
to  remove  such  number  of  his  or  their  tenants  from 
such  tenement  or  building  as  may  be  required  by 
said  board,  within  such  time  as  said  board  shall 
name.  Any  person  neglecting  or  refusing  to  obey 
promptly  such  command  shall  be  subject  to  a fine 
of  not  le.ss  than  twenty-five  nor  more  than  one 
hundred  dollars,  or  to  imprisonment  in  the  peniten- 
tiary of  the  county  for  not  less  than  thirty  days  nor 
more  than  three  months,  or  both  such  fine  and  ini- 


THE  CITY  OF  SYRACUSE. 


329 


prisoiiment,  and  a like  fine  or  imprisonment  for  each 
day  such  person  shall  neglect  or  refuse,  as  aforesaid, 
after  the  first  conviction. 

§10.  No  person  shall  hereafter  be  allowed  to  clean  contents  of 

privy,  cess 

or  remove  the  contents  of  any  privy,  vault,  cesspool,  pool,  etc.,  not 

^ ’ to  be  removed 

sewer  or  drain,  or  to  transport  or  to  carry  the  contents 
thereof  through  the  streets  of  the  city  without  first 
having  obtained  a permit  from  the  board  of  health. 

Any  person  who  shall  violate  any  of  the  provisions  of 
this  section  shall  be  subject  to  a fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  count}"  for  penalty, 
not  less  than  ten  days  nor  more  than  three  months,  or 
to  both  such  fine  and  imprisonment. 


CHAPTER  XXVII. 

OFFENSES  AGAINST  THF:  PUBLIC  PFLUCE  AND  OUIET. 

Section  i.  Any  penson  who  shall  make  or  assist  ^iot  or 

. , . . . 1*  1 disturbance 

in  making  any  improper  noise,  or  any  disturbance,  or  in  streets. 

commit  any  breach  of  the  peace  in  the  streets  or 

elsewhere  in  the  city,  and  all  persons  who  shall  collect 

in  bodies  or  crowds  in  the  streets  or  on  the  .sidewalks 

for  unlawful  purposes,  or  for  any  purpose  to  the 

annoyance  or  disturbance  of  citizens  or  travelers, 

shall  be  subject  to  a fine  of  not  le.ss  than  five  nor  more  , 

Penalty. 

than  fifty  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  ten  days  nor 


330 


ORDINA^XES  OF 


Disturbing- 

religious 

meetings. 


Penalty. 


Indecent 
language,  &c. 


Penalty. 


Abuse  and 
annoyance 
of  others. 


more  than  three  months,  or  to  both  such  fine  and  im- 
prisonment, for  each  offense. 

§ 2.  An}^  person  who  shall  disturb  or  disquiet  any 
congregation  or  assembly  of  people  met  for  religious 
worship,  by  making  a noise  or  by  rude  and  indecent 
behavior,  or  profane  discourse,  within  their  place  of 
worship,  or  so  near  the  same  as  to  disturb  the  order 
and  solemnity  of  the  meeting,  shall  be  subject  to  a fine 
of  not  less  than  five  nor  more  than  one  hundred 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  five  nor  more  than  sixty  days, 
or  to  both  such  fine  and  imprisonment. 

§ 3.  Any  person  who  shall  use  any  scandalous, 
lewd,  or  otherwise  indecent  language  to  any  other 
person,  or  of  or  concerning  any  other  person,  in  the 
hearing  of  others,  or  shall  make  any  immodest,  lewd, 
or  otherwise  indecent  sign  or  gesture,  or  commit  any 
other  immodest,  lewd,  or  indecent  act  or  in  the  known 
presence  of  any  other  person,  shall  be  subject  to  a fine 
of  not  less  than  five  nor  more  than  fifty  dollars,  or  to 
imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  thirty  days  nor  more  than  three  months, 
or  to  both  such  fine  and  impri.sonment. 

^ 4.  Any  person  who  shall  conduct  himself  in  a 
noi.sy,  boisterous,  rude,  insulting  or  otherwise  dis- 
orderly manner,  by  either  words  or  acts,  toward  any 
other  person,  with  intent  to  abuse  or  annoy  such 
person,  or  so  as  to  annoy  the  citizens  of  the  city,  or 
any  portion  thereof,  and  disturb  the  good  order  and 


THE  CITY  OF  SYRACUSE. 


331 


quiet  of  the  same,  shall  be  subject  to  a fine  of  not  less 
than  five  nor  more  than  fifty  dollars,  or  to  imprison-  penalty, 
ment  in  the  penitentiary  of  the  county  for  not  less 
than  thirty  days  nor  more  than  three  months,  or  to 
both  such  fine  and  imprisonment. 

§ 5.  Any  person  who  shall  immoderately  ride  or  immoderate 

driving  and 

drive  any  horse  or  other  animal  whether  attached  to  a riding, 
private  or  public  ambulance  or  other  vehicle  in  any 
avenue,  street,  alley  or  lane  in  the  city,  shall  be 
subject  to  a fine  of  not  less  than  five  'nor  more  than 
fifty  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  ten  nor  more  than  thirty 
days. 

6.  Any  person  who  shall  solicit  alms  in  the  city  soliciting 

alms. 

for  any  purpose  whatever,  without  permission  from 
the  mayor,  shall  be  subject  to  a fine  of  two  dollars  or 
to  imprisonment  in  the  penitentiary  of  the  county  for  Penalty, 
ten  days  for  each  offen.se. 

^7.  Any  person  who  shall  carry  about  his  or  her  (jan-ying  of 
person  any  dirk,  bowie  knife,  sword  or  spear,  cane,  i^eap^ons. 
pistol,  revolver,  slung  shot,  jimmy,  brass  knuckles,  or 
other  deadly  or  unlawful  weapon,  or  shall  use  any 
deadly  or  unlawful  weapon,  with  intent  to  do  bodily 
harm  to  any  person,  shall  be  subject  to  a fine  of  not 
less  than  twenty-five  nor  more  than  one  hundred  p^^^py 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  le.ss  than  thirty  days  nor  longer  than 
three  months,  or  to  both  such  fine  and  imprisonment. 


332 


ORDINANCES  OF 


■Ringing  of 
gongs  and 
bells. 


Penalty. 


Playing  ball, 
flving  kites, 
.«fec. 


Penalty. 


De.sertion 
of  wife  or 
children. 


Penalty. 


^ § 8.  Any  person  who  shall  ring  any  gong  or  bell  or 
cry  any  auction  in  any  street,  lane  or  alley,  or  upon 
any  sidewalk,  or  upon  any  piazza,  step  or  platform 
immediately  adjoining  any  sidewalk,  lane  or  alley 
in  the  city  of  Syracuse,  or  any  tenant  or  occupant 
of  any  dwelling  who  shall  suffer  any  gong  or  bell 
to  be  rung  as  a call  or  signal  upon  any  street, 
lane,  alle}'  or  sidewalk,  or  upon  any  piazza,  steps 
or  platform  immediately  adjoining  any  sidewalk  in 
said  city,  shall  be  subject  to  a fine  of  not  less 
than  two  nor  more  than  ten  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  count}"  for 
not  less  than  five  nor  more  than  thirt}"  days  for 
each  offense. 

^ 9.  Any  person  who  shall  play  ball,  beat,  knock, 
or  drive  any  ball  or  fly  any  kite  in  any  public  street, 
square  or  park  in  said  city,  or  coast  or  slide  down  any 
sidewalk  or  street  upon  any  sled,  sleigh  or  board 
without  permission  by  a resolution  of  the  common 
council,  shall  be  subject  to  a fine  of  not  less  than  two 
nor  more  than  five  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  five  nor 
more  than  ten  days  for  each  offense. 

§ 10.  Any  person  who  shall  threaten  to  leave  his 
wife  or  children  a burden  on  the  public,  or  any  person 
who  .shall  actually  leave  his  wife  or  children  without 
providing  for  their  .support,  or  who  shall  neglect  or 
refu.se  to  support  his  wife  or  children  shall  be  subject 
to  a fine  of  not  less  than  five  nor  more  than  fifty 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 


THE  CITY  OF  SYRACUSE. 


333 


county  for  not  less  than  ten  days  nor  more  than  three 
months,  or  both  such  fine  and  imprisonment. 

^ 1 1 . Any  person  who  shall  be  in  a state  of  intoxi-  intoxicated 

^ pei'sons  in 

cation  in  any  highway,  street,  alley  or  public  place  in  pieces, 
the  city,  or  in  any  private  house  or  place,  to  the 
annoyance  of  any  person  or  citizens,  shall  be  subject 
to  a fine  of  not  less  than  two  nor  more  than  ten 
dollars,  or  to  imprisonment  in  the  penitentiar}'  of  Penalty, 
the  county  for  not  less  than  five  nor  more  than 
thirty  days. 

^12.  Any  person  who  .shall  indecently  exhibit  any  ^’’'^^eeent  ex- 
stallion  within  the  city  shall  be  subject  to  a fine  of  not 
less  than  fiv^e  nor  more  than  fifty  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  county  for  not  Penalty, 
less  than  ten  nor  more  than  thirty  days  for  each 
offense. 

§ 13.  Any  person  carrying  advertising  boards  or  (^>^t-rying 
placards  through  the  streets  or  on  the  sidewalks  of  forbidden, 
this  city,  without  the  permission  of  the  mayor  or 
common  council,  shall  be  subject  to  a fine  of  three  penalty, 
dollars  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  five  nor  more  than  twenty 
days  for  each  offense. 

^ 14.  No  sleigh  of  any  kind,  without  bells  attached  Driving 

sleighs 

thereto,  shall  hie  used  or  drawn  in  or  through  any  of 
the  streets  of  this  city,  and  any  person  violating  the 
provisions  of  this  section  shall  be  subject  to  a fine  of  penalty, 
not  less  than  two  nor  more  than  ten  dollars  or  to  ini- 


334 


ORDINANCES  OF 


Throwing 
stones,  &c., 
forbidden. 


Penalty. 


Parading  in 
streets,  etc., 
forbidden 
without  per- 
• mission  of 
common 
council  or 
mayor. 


Penalty. 


Selling  of 
papers,  etc. 
•on  Sunday. 


Penalty. 


prisonment  in  the  penitentiary  of  the  county  for  not 
less  than  five  nor  more  than  thirty  days  for  each 
offense. 

§ 15.  Any  person  who  shall  fling  or  throw  any 
stone,  pebble,  ice  or  snow  ball,  or  any  hard  or  hurtful 
substance  or  thing  by  hand  or  foot,  or  by  any  instru- 
ment within  the  bounds  of  the  city,  shall  be  subject  to 
a fine  of  not  less  than  two  nor  more  than  five  dollars, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  five  nor  more  than  thirty  days. 

§ 16.  All  persons,  societies  and  organizations  of 
ever}^  name  and  nature,  are  hereby  prohibited  from 
assembling,  congregating,  parading  or  marching  in  or 
through  any  of  the  streets,  squares,  parks  or  other 
public  places  in  the  city  of  Syracuse,  with  or  without 
banners,  transparencies  or  other  devices  without  the 
permission  of  the  common  council  or  the  written  per- 
mission of  the  mayor.  Every  person  offending  against 
the  provisions  of  this  section  shall  be  subject  to  a fine 
of  not  less  than  five  or  more  than  ten  dollars,  or  to  im- 
prisonment of  not  less  than  ten  nor  more  than  thirty 
days  in  the  penitentiary  of  the  county  for  each  offense. 

^17.  No  person  (except  licensed  vendors  of  milk) 
who  shall  offer  for  sale  any  newspaper,  article  of  food 
or  other  thing  upon  Sunday,  shall  within  the  city 
proclaim  such  sale  by  sounding  a bell,  gong  or  other 
device  or  by  crying  out  or  shouting  the  same.  Any 
person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  two  nor  more 


THE  CITY  OF  SYRACUSE. 


335 


than  ten  dollars,  or  by  imprisonment  in  the  peniten- 
tiary for  not  less  than  five  nor  more  than  thirty  days 
for  each  offense. 

§18.'*'  Any  person  or  persons  who  shall  operate, 
play  or  perform,  or  shall  assist  or  take  part  in  oper  - on  streets  or 

public  places. 

ating,  playing  or  performing  on  any  organ,  bugle  or 
other  musical  instrument  in  or  through  any  of  the 
streets,  squares,  parks  or  other  public  places  in  the 
city  of  Syracuse,  without  the  permission  of  the  com- 
mon council  or  the  written  permission  of  the  mayor, 
shall  be  guilty  of  a misdemeanor,  and  any  person  or 
persons  violating  the  provisions  of  this  section  shall 
be  subject  to  a fine  of  not  less  than  ten  or  more  than  Penalty, 
fifty  dollars,  or  to  imprisonment  of  not  less  than  ten 
or  more  than  thirty  days  in  the  penitentiary  of  the 
county  for  each  offense. 


CHAPTER  XXVIII. 
okdinancp:s. 

Section  i.  All  ordinances  and  all  amendments 

to  be  pub- 

thereto  passed  by  the  common  council  shall  be  pub-  re^orded.*^ 
lished  at  least  once  in  the  official  papers  of  the  city, 
and  in  such  other  of  the  cit>'  papers  as  the  common 
council  may  direct,  provided  said  common  council 
shall  deem  publication  in  such  official  papers  insuf- 
ficient, and  all  such  ordinances  and  amendments 
which  shall  duly  become  laws  shall  be  engrossed  or 


*As  amended  June  17th,  1889. 


336 


ORDINANCES  OF 


Repeal  of 
a repeal  does 
not  revive. 


When  to  take 
effect,  duty 
of  police. 


Mayor  may 
present  copy 
of  ordinances 
to  other  cities. 


Ordinances 
in  relation  to 
cartmen  and 
hacks  not  to 
apply  in 
certain  cases. 


recorded  in  a book  kept  specially  for  that  purpose. 
This  record  shall  be  entitled*  “ Record  of  Ordinances 
of  the  City  of  Syracuse,”  shall  have  proper  marginal 
references  and  an  index,  and  shall  be  kept  in  the  office 
of  the  city  clerk  subject  to  the  inspection  of  the 
citizens. 

^ 2.  When  any  ordinance  repealing  a former  ordin- 
ance, or  ail}"  clause  or  provision  thereof  shall  be  itself 
repealed,  such  repeal  shall  not  be  construed  to  revive 
such  former  ordinance,  clause  or  provision,  unless  it 
shall  be  therein  expressly  so  provided. 

3.  All  ordinances  shall  take  effect  from  and  after 
the  date  of  their  first  publication,  and  it  is  hereby 
made  the  duty  of  the  police  department  to  duly  en- 
force any  and  all  such  ordinances  as  naturally  belong 
to  and  come  under  the  supervision  of  such  depart- 
ment ; and  upon  due  proof  that  an}'  policeman  has 
been  aware,  or  has  received  any  information  of  any 
violation  of  any  city  ordinance,  without  taking  due 
notice  of  and  action  thereon,  it  shall  be  sufficient 
cause  for  the  removal  from  office  of  such  policeman. 

4.  The  mayor  shall  have  power  to  extend  or  re- 
ciprocate courtesies  to  or  of  other  cities,  by  presenting 
them  a volume  of  the  revised  ordinances  [of  this  city, 
bound  at  the  expense  of  the  city  in  such  manner  as  to 
him  may  seem  suitable. 

^ 5.  Nothing  contained  in  the  ordinance  relating  ta 
cartmen  shall  be  construed  to  prevent  the  owner  or 
owners  of  any  cart,  carriage,  wagon  or  other  vehicle 


THE  CITY  OF  SYRACUSE. 


337 


from  using  such  cart,  carriage,  wagon  or  vehicle  for 
an}’  purpose  whatever  connected  with  his  or  their  in- 
dividual business  or  affairs,  nor  in  the  case  of  any  per- 
son moving  his  goods  and  chattels  to  any  place  out- 
side of  the  city  limits  or  from  any  place  outside  such 
limits,  to  any  point  within  such  limits,  to  prevent  any 
person,  whether  licensed  or  not,  from  so  conveying  or 
moving  such  goods  and  chattels. 

§ 6.  The  violation  of  any  ordinance  of  the  city  being  Penalties 

for  violation 

a misdemeanor,  any  person  or  persons  convicted  there- 
of  shall,  unless  the  penalty  thereof  is  limited  to  a be^in^discre- 

tion  of 

certain  amount  of  money  as  a fine,  or  to  a certain  magistrate, 
length  of  time  for  imprisonment,  be  subject  to  a fine 
in  any  sum  of  money  not  exceeding  one  hundred 
dollars,  or  to  imprisonment  not  exceeding  three 
months,  or  to  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  magistrate  before  whom  such  convic- 
tion takes  place. 


CHAPTER  XXIX. 

PARKS  AND  PUBLIC  GROUNDS. 

Section  i.  Any  person  who  shall  cut  down,  de- 
stroy  or  willfully  break,  mutilate  or  injure,  or  aid  qj- 
assist  in  breaking,  mutilating  or  injuring  any  fence, 
trees,  shrubbery  or  fixture  now  or  hereafter  erected, 
made,  planted,  set  out  or  being  in  or  upon  any  of  the 
streets,  places,  parks  or  public  squares  of  the  city,  or 
do  any  willful  damage  thereto,  shall  be  subject  to  a 


338 


ORDINANCES  OF 


Penalty. 


Parks  not 
to  be  used 
for  bleach- 
ing, etc. 


Penalty. 


Injuring 

grass. 


Penalty. 


Destroying 
birds  or 
their  nests. 


fine  of  not  less  than  five  nor  more  than  twenty-five 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  ten  nor  more  than  thirty  days 
for  each  offense. 

§ 2.  Any  person  who  shall  use  any  park  or  public 
place  as  a bleaching  ground,  or  spread  thereon  any 
articles  of  wearing  apparel,  cloth  or  cloths,  or  any 
goods  whatever,  or  shake,  beat  or  cleanse  any  carpets, 
cloth  or  mats  therein,  or  hang  any  clothing  or  other 
articles  upon,  or  tie  or  fasten  any  horse  or  other 
animal  to  the  fence  surrounding  or  any  tree  within  the 
same,  shall  be  subject  to  a fine  of  not  less  than  two 
nor  more  than  ten  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  five  nor 
more  than  thirty  days,  for  each  offense. 

§ 3.  Any  person  who  shall  cut,  tread  down,  pull  up, 
trample  upon  or  injure  the  grass  growing  in  any  park 
of  the  city,  or  stand,  lie,  or  walk  upon  any  part  of  such 
park,  which  is  or  may  hereafter  be  laid  out  and  appro- 
priated for  grass  or  shrubbery",  shall  be  subject  to  a fine 
of  three  dollars  or  to  imprisonment  in  the  penitentiary^ 
of  the  county  for  not  less  than  five  nor  more  than  ten 
days  for  each  olfense. 

§ 4.  Any  person  who  shall  climb,  or  throw  stones  or 
other  material,  or  shoot  into  any  tree  in  any  park, 
public  square,  street  or  lane  within  this  city,  for  the 
purpose  of  killing  or  frightening  birds,  or  who  shall 
attempt  to  carry  off  the  young  birds,  or  in  any  manner 
disturb  the  nest  or  nests  of  birds  in  any  of  the  trees  as 


THE  CITY  OF  SYRACUSE. 


339 


aforesaid,  shall  be  subject  to  a fine  of  three  dollars  or  Penalty, 
to  imprisonment  for  ten  days  in  the  penitentiary  of  the 
county. 


CHAPTER  XXX. 

PAWN-BROKERS. 

Section  i.*  No  person  shall  carry  on  the  business  Must  obtain 

license. 

of  a pawn-broker  within  the  city  of  Syracuse  without 

having  obtained  a license  so  to  do  under  the  provisions 

of  this  chapter.  Any  person  violating  any  provision 

of  this  chapter  shall  be  subject  to  a fine  of  not  less 

than  fifty  nor  more  than  one  hundred  dollars,  or  to  penalty. 

imprisonment  in  the  penitentiary  of  the  county  for  not 

less  than  thirty  days  nor  more  than  three  months,  or 

to  both  such  fine  and  imprisonment,  and  a,  further  fine 

of  one  hundred  dollars  for  each  day  he  or  she  shall  Further  line 

for  continu- 

continue  in  such  business  after  the  first  conviction,  55”^^ 
without  having  a license  therefor.  The  mayor  or 
common  council  may  grant  to  any  person  applying 
therefor,  and  producing  .satisfactory  evidence  of  g 
character,  a license  to  carry  on  the  busine.ss  of  pawn- 
broker, which  license  shall  expire  on  the  15th  day  of 
April  next  after  the  granting  thereof.  All  licenses  Ficense.s  ex- 
shall  be  signed  by  the  mayor  and  city  clerk,  and  every 
penson  receiving  such  licen.se  shall  pay  therefor  to  the 
city  clerk,  for  the  use  of  the  city  of  Syracu.se,  the  sum 
of  fifty  dollars. 

*As  amended  October  27th,  1890,  and  further  amended  June 
.2Cth,  1893. 


340 


ORDINANCES  OF 


iviustgive  Every  person  so  licensed  shall  enter  into  a joint  and 

bonds. 

several  bond,  to  the  city  of  Syracuse,  with  two  sureties^ 
to  be  approved  by  the  mayor,  in  the  penalty  of  five 
thousand  dollars,  conditioned  for  the  observance  of  the 
ordinances  of  the  city  of  Syracuse,  the  faithful  dis- 
charge of  his  duties  as  a pawn-broker  and  the  account- 
ing for  and  paying  over  all  moneys  which  he  or  she 
shall  be  liable  to  pay  as  such  pawn-broker  to  the  city 

Mayor  may  of  Syracuse  or  to  any  person.  The  mayor  shall  have 

revoke 

licen.ses.  power  to  revoke  the  license  of  any  pawn -broker  at  any 
time,  upon  the  recommendation  of  the  chief  of  police. 


§ 2.  No  person  engaged  in  the  business  of  pawn- 
broker shall  keep  more  than  one  house,  shop  or  place 
for  taking  goods  to  pawn,  by  virtue  of  one  license,  but 
persons  in  partnership,  carrying  on  the  trade  together 
as  pawnbrokers  in  one  house,  shop  or  place,  need  pro- 
Mustkeep  cure  but  One  license.  Every  pawn-broker  shall  keep  a 
p?wned.^^^’’  book  ill  wliicli  sliall  be  plainly  written  at  the  time  of 
each  loan,  an  accurate  account  and  description  of  the 
goods,  article  or  thing  pawned,  the  amount  of  money 
loaned  thereon  and  the  date  at  which  said  loan  will  be 
due,  the  date  of  pledging  the  same  and  the  name, 
residence  and  description  of  the  person  pawning  or 
pledging  the  said  goods,  article  or  things.  The  said 
Record  open  book  sliall  be  kept  clean  and  legible,  with  no  entry 

for  inspection 

of  the  officers  therein  erased,  obliterated  or  defaced  and  shall  at  all 

of  the  city.  ’ 

times  be  open  for  the  inspection  of  any  officer  of  the 
city  of  Syracuse.  Every  pawn-broker  shall,  at  the 
time  of  each  loan,  deliver  to  the  person  pawning' 
any  goods,  articles  or  things,  a memorandum,  signed 


THE  CITY  OF  SYRACUSE. 


34 


by  him  or  her,  containing  a copy  of  the  entry  in  the 
book  herein  provided  for,  and  no  charge  shall  be  made 
for  such  memorandum.  Every  person  shall  exhibit  shaii  exhibit 

articles 

for  inspection,  at  any  time  upon  the  request  of  any 
officer  of  the  city  of  Syracuse,  any  personal  property  officer, 

that  may  be  pawned  or  pledged  or  left  with  him  or  her 
on  deposit.  Any  person  violating  any  of  the  provisions  Penalty, 
of  this  section,  shall  be  subject  to  a fine  of  not  less  than 
ten  or  more  than  twenty-five  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less  than 
ten  nor  more  than  thirty  days  for  each  offense. 

§3.  No  pawn-broker  shall  demand  or  receive  more  Rate  of 

interest. 

than  the  following  rate  of  interest,  viz  : On  sums  not 
exceeding  two  dollars,  twenty-five  cents;  on  sums 
above  two  dollars  and  not  exceeding  four  dollars, 
thirty-five  cents ; on  sums  above  four  dollars  and  not 
exceeding  twenty-five  dollars,  ten  per  centum  per 
month ; on  sums  above  twent3^-five  dollars  and  not 
exceeding  fifty  dollars,  six  per  centum  per  month ; on 
sums  above  fifty  dollars  and  not  exceeding  seventy- 
five  dollars,  three  per  centum  per  month ; and  no 
greater  rate  of  interest  .shall  be  demanded  or  receiv^ed 
upon  loans  made  for  a longer  or  .shorter  period,  and 
the  said  rates  of  interest  shall  be  in  full  satisfaction  of 
all  charges,  except  for  insurance  placed  upon  goods  at 
the  request  or  consent  of  the  owner.  Any  persons  [>enaity  for 

. , . r 1 • • r 1 • • 1 1 violation. 

Violating  any  of  the  provisions  of  this  section  shall  be 
subject  to  a fine  of  not  less  than  ten  nor  more  than 
twenty-five  dollars  or  to  imprisonment  in  the  peniten- 


342 


ORDINANCES  OF 


Article 
pledged  can- 
not be  sold 
for  four 
months  after 
expiration  of 
time. 


In  case  goods 
or  articles 
are  not 
redeemed. 


Chief  of  policf 
to  appraise 
value  of 
pawned 
goods, — pawn- 
broker is 
unable  to 
deliver. 


Penalty  for 
violation. 


tiary  of  the  county  for  not  less  than  ten  nor  more 
than  thirty  days  for  each  offense. 

§ 4.  No  pawn-broker  shall  sell  any  pawn  or  pledge, 
until  the  same  shall  have  remained  in  her  or  his 
possession  at  least  four  months  after  the  expiration  of 
the  time  stated  for  the  payment  of  the  money  loaned 
thereon,  nor  until  the  expiration  of  the  notice  pro- 
vided for  in  section  five  of  this  chapter,  nor  until  after 
full}^  complying  with  the  provisions  of  said  section 
five.  In  case  any  goods,  articles  or  things,  which 
have  been  pawned,  shall  not  be  redeemed  at  the  time 
the  money  loaned  was  due,  and  the  pawnor  or  person 
acting  therefor,  shall  at  any  time  within  three  months 
thereafter  tender  to  the  pawn-broker  the  memorandum 
therefor  together  with  the  principal  mone}^  loaned  and 
the  interest  thereon  to  the  date  of  such  tender,  at  the 
rates  specified  in  the  third  section  of  this  chapter,  the 
pawn -broker  shall  immediately  deliver  to  such  person 
or  pawnor  the  goods  so  pawned,  or  the  value  thereof. 
The  chief  of  police  shall  have  the  right,  power  and 
authority,  and  it  is  hereby  made  his  duty,  to  appraise 
the  value  of  any  pawned  goods  which  such  pawn- 
broker may  be  unable  to  deliver  upon  payment  of 
charges  thereon,  and  the  appraisal  made  by  the  chief 
of  police  shall  in  all  cases  be  final  and  conclusive  to  all 
parties,  and  the  pawn-broker  shall  immediately  pay  to 
such  pawnor  or  person  the  amount  .so  appraised.  Any 
person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  twenty-five' 
nor  more  than  one  hundred  dollars,  or  to  impri.son- 


THE  CITY  OF  SYRACUSE 


343 


ment  in  the  penitentiary  of  the  county  for  not  less 
than  thirty  days  nor  more  than  three  months  for  each 
offense. 

§ S.  If  any  pawn  or  pledge  shall  remain  unredeemed  Must  give 

^ ^ ^ r months 

for  a period  of  at  least  three  months  after  the  expira-  SeSerrftie 
tion  of  the  time  stated  for  the  payment  of  the  money 
loaned  thereon,  the  pawn -broker  having  possession  of 
the  same,  may  give  notice  to  the  person  or  persons 
pledging  the  same,  of  his  or  her  intention  to  declare 
the  pledgor’s  title  to  the  pledge  or  pawn  forfeited. 

Such  notice  shall  be  either  written  or  printed,  ad-  Notice  must 

be  addressed 

dressed  to  the  pledgor,  signed  by  such  pawn-broker,  pledgor, 
and  must  state,  in  substance,  the  intention  of  such 
pawn-broker  to  declare  the  pledgor’s  title  to  the  pawn 
or  pledge,  describing  the  same,  forfeited  at  a specified 
hour  on  a specified  day  not  less  than  one  month  from 
the  service  of  the  notice,  as  hereinafter  provided,  un- 
less redeemed  prior  thereto.  Such  notice  must  be 
served  at  least  one  month  prior  to  the  day  of  forfeiture 
in  the  following  manner,  viz  : 

First  — By  delivering  to  and  leaving  with  the  Notices— 

how  served. 

pledgor  a copy  of  said  notice,  or 

vSecond— By  depositing  in  the  postoffice  at  Syracuse, 

N.  Y.,  a copy  of  said  notice,  enclosed  in  a securely 
closed  post-paid,  registered  wrapper,  directed  to  said 
pledgor,  at  his  place  of  residence,  as  it  appears  in  the 
book  to  be  kept  by  pawnbrokers  as  provided  by  sec- 
tion two  of  chapter  thirty,  of  the  ordinances  of  the 


344 


ORDINANCES  OF 


Shall  keep  a 
record  of  all 
notices  served. 


Articles 
pawned  may 
be  redeemed— 
how. 


When  title  is 
vested  in 
pawnbroker. 


Must  post 
rates  of  inter- 
ests in  place 
of  business. 


city  of  Syracuse,  if  the  same  be  his  last  known  place 
of  residence,  and  if  not,  then  to  his  last  known  place 
of  residence. 

Every  pawnbroker  shall  keep  a book  in  which  he 
shall  enter  a record  of  all  notices  served  as  above  pro- 
vided, including  the  date  and  manner  of  service  and 
the  name  of  the  person  making  the  same,  which  book 
shall  at  all  times  be  open  for  the  inspection  of  any 
officer  of  the  city  of  Syracuse. 

If,  at  any  time  prior  to  the  hour  of  forfeiture  desig- 
nated in  said  notice,  the  pawnor  or  any  person  acting 
in  his  .stead,  tender  to  the  pawn-broker  a memoran- 
dum for  the  article,  or  articles,  pawned,  together  with 
the  principal  money  loaned,  with  interest  thereon  to 
the  date  of  such  tender,  at  the  rate  specified  in  the 
third  section  of  this  chapter,  the  pawn-broker  shall  im- 
mediately deliver  to  such  penson,  or  pawnor,  the  goods 
so  pawned,  or  the  value  thereof.  If  such  tender  is  not 
made  prior  to  the  hour  of  forfeiture  designated  in  such 
notice,  then  the  title  to  the  pawn  or  pledge  vests  in 
the  pawn-broker,  absolutely  free  and  clear  of  all  right 
or  redemption. 

§ 6.  Every  pawnbroker  in  the  city  of  Syracuse  shall 
cause  to  be  printed  in  large  type,  in  the  English  and 
German  languages,  the  rates  of  interests  authorized  by 
this  chapter,  and  .shall  place  a card  or  table  of  .said 
rates,  printed  as  herein  required,  in  a conspicuous  part 
of  the  office,  or  place  where  pawn-broking  bu.sine.ss  is 
carried  on,  so  as  to  be  vi.sible  to  all  persons  pledging 


THE  CITY  OF  SYRACUSE. 


345 


:goods.  No  pawn-broker  shall  receive  any  goods  in 
pledge  from  any  person  who  shall  be  actually  or  ap-  Persons  under 
parently  under  the  age  of  twenty-one  years,  or  intoxi-  fntox^-cated 
cated,  or  an  habitual  drunkard;  nor  shall  any  pawn-  krScies^^'^” 
broker  employ  any  person  under  the  age  of  sixteen 
years  to  take  in  any  pledge,  nor  shall  he,  or  any  of  his 
employees,  receive  any  goods  in  pawn  or  pledge,  be- pledges, 
fore  seven  o’clock  in  the  morning  or  after  eight  o’clock 
in  the  evening,  or  on  Sunday.  No  pawnbroker  shall 
knowingly  take  in,  pawn  or  pledge  from  any  journey- 
man  mechanic,  apprentice  or  servant,  a partly  manu- 
factured article  for  wear  or  consumption,  or  otherwise, 
or  any  material  plainly  intended  for  the  manufacture 
of  said  articles. 

Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  subject  to  a fine  of  not  less  than  twen-  Penalty  for 

violation. 

ty-five  nor  more  than  fifty  dollars,  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  not  less  than 
thirty  days  nor  more  than  three  months  for  such 
offense. 

§ 7.  Every  pawn-broker  licensed  under  the  provi-  Pawnbrokers 

must  report 

sions  of  this  chapter  shall  before  10  o’clock  in  the  p’ 
forenoon  of  every  business  day  report  to  the  chief  of 
police  upon  blank  forms  to  be  furnished  by  the  police 
department,  giving  a description  of  all  the  articles  re- 
ceived in  pawn  during  the  business  day  last  preceding, 
together  with  the  number  of  the  pawn  ticket,  or  mem- 
orandum issued  therefor,  the  amount  loaned  thereon, 
and  a description  of  the  person  making  the  pledge; 


346 


ORDINANCES  OF 


In  case 
articles 
pawned  are 
stolen. 


Penalty. 


Keeping  of 
forbidden, 
exceptions. 


How 

stored,  &c. 


and  in  case  any  of  said  articles  so  received  in  pawn 
shall  be  found  to  have  been  stolen,  then  said  pawn- 
broker shall  upon  request  from  the  chief  of  police  re- 
port in  writing  the  name  and  residence  of  the  person 
or  persons  pledging  said  article.  Any  person  violat- 
ing any  of  the  provisions  of  this  section  shall  be  sub- 
ject to  a fine  of  not  less  than  ten  nor  more  than  twen- 
ty-five dollars,  or  to  imprisonment  in  the  penitentiary 
of  the  county  for  not  less  than  ten  nor  more  than 
thirty  days,  or  both  such  fine  and  imprisonment,  and 
in  case  of  conviction  shall  forfeit  his  or  her  license. 


CHAPTER  XXXI. 

PETROLEUM. 

Section  i.  No  person  shall  keep  on  sale  or  store  in 
any  place  or  building  within  the  corporate  limits  of  the 
city  of  Syracuse,  any  crude  petroleum,  earth  or  rock 
oil,  or  any  of  its  products,  except  under  the  following 
provisions  : 

§ 2.  Crude  petroleum,  earth  or  rock  oil,  or  any  of  its 
products,  may  be  stored  in  detached  and  properly 
ventilated  warehouses,  the  exterior  walls  of  which 
shall  be  of  stone,  brick  or  iron,  specially  adapted  to  the 
purpo.se,  by  having  raised  sills  at  least  two  feet  high, 
or  the  ground  floor  of  which  shall  be  at  lea.st  two  feet 
below  the  level  of  the  street  or  adjoining  land,  in  such 
manner  as  to  effectually  prevent  the  overflow  of  such 
substances  beyond  the  premi.ses,  where  the  same  may 
be  kept  or  stored  ; which  said  warehou.se  shall  not  be 


THE  CITY  OF  SYRACUSE. 


347 


occupied  in  an}-  part  as  a dwelling,  and  if  less  than 
fifty  feet  from  any  adjacent  building,  the  same  must  be 
separated  by  a brick  or  stone  wall,  at  least  ten  feet  in 
height  and  sixteen  inches  thick.  Any  person  storing 
any  of  the  material  in  this  section  mentioned,  in  any 
other  place  and  manner  than  herein  provided, -or  in  any 
manner  violating  any  of  the  provisions  of  this  section,  Penalty, 
shall  be  subject  to  a fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months,  or  to  both  such  fine  and 
imprisonment. 

§ 3.  No  refined  petroleum  or  kerosene  oils  shall  be  Test,  &c. 
kept  upon  sale  or  stored  within  the  corporate  limits  of 
said  city,  the  fire  test  of  which  .shall  be  less  than  one 
hundred  and  ten  degrees  Fahrenheit;  said  test  shall  be 
determined  by  the  chief  engineer  of  the  fire  depart- 
ment, using  G.  Tagliabue’s  or  other  improved  instru- 
ments; and  the  barrels  or  packages  containing  the 
same  shall  be  legibly  stamped  or  marked  with  .said 
engineer’s  official  .stamp  or  mark.  When  stored  above  ^^[annerof 
the  cellar  or  ba.sement  of  any  store  or  building,  and  in 
barrels  of  not  over  forty-five  gallons  each,  or  metallic 
ve.ssels  or  tanks,  f#)r  the  convenience  of  retailing,  the 
quantity  of  such  refined  oil  stored  shall  not  exceed  the 
contents  of  ten  barrels.  When  packed  in  hermetically 
sealed  metallic  packages,  the  quantity  so  stored  shall 
not  exceed  one  hundred  barrels.  When  stored  in  cel- 
lars or  basements  surrounded  by  walls  of  brick  or 
.stone,  at  least  two  feet  below  the  level  of  the  .sidewalk, 


348 


ORDINANCES  OF 


Penalty. 


Not  to  remain 
•on  sidewalk. 


street  or  land  adjacent,  the  quantity  so  stored  shall  not 
exceed  the  contents  of  one  hundred  and  fifty  barrels, 
unless  stored  in  warehouses  specially  adapted  to  that 
purpose,  as  provided  under  section  two  of  this  chapter; 
provided,  also,  that  no  quantity  of  said  oils  greater 
than  five  barrels  shall  be  stored  or  kept  in  any  building 
occupied  in  any  part  thereof  as  a dwelling.  Benzine 
or  naptha  may  be  kept  stored  under  the  provisions  of 
this  section,  as  follows  : when  stored  in  or  above  the 
cellar  or  basement  the  quantity  so  stored  shall  not 
exceed  the  contents  of  ten  barrels ; when  stored  in  a 
building  any  part  of  which  may  be  occupied  as  a dwel- 
ling, the  quantity  so  stored  shall  not  exceed  three  bar- 
rels, provided  that  nothing  in  this  chapter  contained 
shall  prevent  the  storage  of  crude  or  refined  petroleum 
in  wrought  iron  tanks  detached  from  any  building,  and 
specially  adapted  to  that  purpose,  or  in  other  tanks  so 
constructed  that  the  top  shall  be  at  least  two  feet  below 
the  level  of  the  street  or  adjoining  land,  and  covered 
with  at  least  one  foot  of  earth,  when  such  tanks  are 
appurtenant  to  or  connected  with  a refinery,  with  the 
approval  of  the  chief  engineer.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to 
a fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  or  to  both  such  fine  and  imprisonment. 

§ 4.  In  no  case  shall  any  of  the  articles  recited  in 
this  chapter  be  allowed  to  remain  on  any  sidewalk 
beyond  the  front  line  of  any  building,  or  any  .street  a 


THE  CITY  OF  SYRACUSE. 


349 


longer  time  than  is  actually  requisite  for  the  storage, 
shipment  or  delivery  of  the  same,  nor  after  sunset. 

Any  person  violating  any  of  the  provisions  of  this  Penalty, 
section  shall  be  subject  to  a fine  of  not  less  than  ten 
nor  more  than  fifty  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 
or  more  than  three  months,  or  to  both  such  fine  and 
imprisonment. 

§ 5.  It  shall  be  the  duty  of  the  chief  engineer  to  Chief  engineer 

to  report  any 

make  an  examination  of  all  premises  wherein  either  of  Tms  chapter 
the  articles  mentioned  in  this  chapter  may  be  kept  or  counser^^'^” 
stored,  and  to  report  any  violation  of  the  provisions  of 
this  chapter  at  once  to  the  city  attorney  to  enforce 
the  same. 

§6.  No  person  shall  sell  at  retail  any  kerosene,  or  to  sell 

^ ’ kerosene, 

Other  products  of  petroleum,  or  any  of  the  fluids  or 
oils  enumerated  in  the  third  section,  to  lie  used  for 
heating,  illuminating  or  other  purpose,  without  first 
obtaining  a license  therefor  from  the  board  of  fire 
commiSvSioners  of  the  city  of  vSyracuse,  under  the  rules 
and  regulations  herein  and  hereby  ])rescribed,  which 
license  shall  be  for  one  year,  and  shall  not  be  transfer- 
able. Said  license  shall  be  posted  in  a conspicuous 
place  in  the  store  or  place  of  business  of  the  person  or 
persons  to  whom  the  same  is  i.ssued,  and  may  be  re- 
voked for  cause  by  said  commissioners.  Any  person  Penalty, 
violating  any  of  the  provisions  of  -this  section  shall  be 
subject  to  a fine  of  not  less  than  twenty-five  nor  more 
than  fifty  dollars,  or  to  imprisonment  in  the  peniten- 


350 


ORDINANCES  OF 


tiary  of  the  county  for  not  less  than  thirty  days  nor 
more  than  three  months,  or  to  both  such  fine  and  im- 
prisonment for  each  offense. 

Changing  §,7.  Aliy  persoii  wlio  shall  in  an}’  manner  change 

mark. 

the  mark  so  put  upon  such  barrel  or  package  by  the 
chief  engineer  or  shall  knowingly  put  upon  such  bar- 
rel or  package  a false  or  fraudulent  mark,  or  who  shall 
fraudulent!}’  purchase  or  sell  any  empty  barrel  or 
package  aforesaid,  with  the  inspection  marks  thereon, 
with  intent  to  defraud,  or  who  shall  fraudulently  use 

Selling  any  barrel  or  package  so  marked  for  the  purpose  of 

marked 

empty  selling  any  other  article  of  a quality  or  quantity  dififer- 

packages.  o 

ent  from  that  so  inspected  and  marked  on  the  barrel, 
shall  be  subject  to  a fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  dat^s 
nor  more  than  three  months,  or  to  both  such  fine  and 
imprisonment  for  each  offense. 


CHAPTER  XXXII. 

PHYSICIANS. 

certfficiftes  Spxtion  I . Every  physician  practicing  his  profes- 
sion within  the  corporate  limits  of  the  city,  in  case  of 
the  death  of  any  patient  while  under  his  care,  shall 
give  to  the  friends  of  the  deceased  a certificate,  stating 
name,  nativity,  age,  and  cause  of  death  of  the  de- 
cea.sed,  and  upon  failure  to  give  such  certificate  .shall 
be  subject  to  a fine  of  five  dollars  or  to  imprisonment 


Penalty. 


THE  CITY  OF  SYRACUSE. 


351 


ill  the  penitentiary  of  the  county  for  not  less  than  ten 
nor  more  than  thirty  days  for  each  offense.  Such 
certificate  shall  be  presented  to  the  sexton  of  any 
cemetery  within  the  city  limits  or  to  an  undertaker  for 
record,  on  application  being  made  for  services. 


CHAPTER  XXXIII. 

POISONS. 

Section  i.  Any  person  who  shall  vend,  give  away  Poisons  to  be 

...  ...  1 11  • 1 • 1 marked. 

or  deliver  in  the  city  any  deadly  poison,  knowing  the 
same  to  be  such,  without  marking  the  same  in  legible 
characters  “poison,”  shall  be  subject  to  a fine  of  five 
dollars  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  ten  nor  more  than  thirty  days,  penalty, 
or  to  both  such  fine  and  imprisonment  for  each  offensfe. 


CHAPTER  XXXIV. 

POLICE. 

vSection  I.  Every  person  appointed  to  the  office  of QnHiifications 

of  policemen. 

policeman  shall  be  a citizen  of  the  United  States,  and 
at  the  time  of  his  appointment  a qualified  voter  of  the 
city  and  capable  of  speaking,  reading  and  writing  the 
English  language. 

§2.  The  police  officers  shall  not  engage  in  any  Policemen  to 

® ° ^ devote  their 

business  which  may  withdraw  their  attention  from  the  v\ce^s‘lSlhe^' 
public  service  or  unfit  them  for  the  duties  required  of 


352 


ORDINANCES  OF 


Mayor  or 
chief  of  police 
may  detail  for 
special  duty. 


Neglect  of 
duty,  or  viola- 
tion of  rules. 


Penalty. 


Resisting  an 
officer,  &c. 


them,  and  they  shall  not  absent  themselves  from  duty 
without  the  permission  of  the  chief  of  police.  The 
policemen  are  expected  to  be  usually  employed  in 
regular  service,  but  the  mayor,  or  chief  of  police, 
whenever  in  the  opinion  of  either  the  public  service 
requires  it,  may  detail  any  number  of  policemen  for 
any  special  or  particular  duty  connected  with  the 
police  service  of  the  city,  and  may  require  any  police- 
man to  do  dut}^  at  any  time  of  the  day  or  night. 

§ 3.  Any  policeman  who  shall  neglect  or  refuse  to 
perform  any  duties  required  of  him  by  the  ordinances 
of  the  city  or  the  police  rules,  or  who  shall  in  the  dis- 
charge of  his  official  duty  be  guilty  of  any  fraud,  ex- 
tortion or  oppression,  favoritism,  partiality,  or  willful 
wrong,  may  be  removed  from  office,  and  shall  be  sub- 
ject to  a fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months,  or  to  both  such  fine  and 
imprisonment. 

§4.  Whoever  in  the  city  shall  resist  any  police 
officer  or  member  of  the  police  department  in  the  dis- 
charge of  his  duty,  or  shall  in  any  way  interfere  with 
or  hinder  or  prevent  him  from  discharging  his  duty  as 
such  officer  or  member,  or  shall  offer  or  endeavor  to  do 
so,  and  whoever  in  any  manner  shall  assist  any  per- 
son in  custody  of  any  police  officer  or  any  member  of 
the  police  department  to  escape,  or  attempt  to  escape  , 
from  such  custody,  shall  be  subject  to  a fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars,  or 


Penally. 


THE  CITY  OF  SYRACUSE. 


353 


imprisonment  in  the  penitentiary  of  the  county  for  not 
less  than  thirty  days  nor  more  than  three  months,  or 
to  both  such  fine  and  imprisonment. 

§ S.  It  shall  be  the  duty  of  all  persons  in  the  city  citizens  to 

. aid  police  if 

when  called  upon  by  any  police  officer  or  other  mem-  requested, 
ber  of  the  police  department,  to  promptly  aid  and 
assist  him  in  the  execution  of  his  duties.  Whoever 
shall  neglect  or  refuse  to  give  such  aid  and  assistance 
shall  be  subject  to  a fine  of  not  less  than  ten  nor  more  penalty, 
than  one  hundred  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months,  or  to  both  such  fine  and 
imprisonment 

§6.  Any  person  who  shall  falsely  represent  any  of  Personating 

or  imitating 

the  members  of  the  police  department  of  this  city,  or 
who  shall  maliciously  or  with  intent  to  deceive,  use  or 
imitate  any  of  the  signs,  signals  or  devices,  or  shall 
publicly  wear  the  insignia  or  badge  of  that  depart- 
ment, shall  be  subject  to  a fine  of  not  less  than  five  penalty, 
nor  more  than  fifty  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months,  or  to  both  such  fine  and 
imprisonment. 

§ 7.  It  shall  be  the  duty  of  the  policemen  to  disperse  policemen  to 

• • -I  ^ disperse  idle 

all  idle  or  vicious  persons  who  may  be  found  collected  vicious 

persons. 

on  the  corners  of  the  streets  or  elsewhere  in  the  city, 
and  to  protect  citizens  while  passing  along  the  streets, 
or  into  or  out  of  any  public  hall,  from  insult  or  annoy- 
ance from  idle,  dissolute  or  vicious  persons. 


354 


ORDINANCES  OF 


Porters  and 
runners  to 
obtain  license, 
wear  badges, 
etc. 


Penalty. 


Keepers  of 
hotels  may 
have  license 
revoked  and 
be  entitled  to 
another. 


CHAPTER  XXXV. 

PORTERS  AND  RUNNERS. 

Section  i.  An}'  person  of  good  moral  character, 
on  application  to  the  mayor,  in  writing,  shall  be  en- 
titled to  a license  to  act  as  public  porter  and  runner, 
upon  the  payment  of  a license  fee  of  one  dollar.  All 
licenses  so  granted  shall  expire  on  the  fifteenth  day  of 
April  next  after  the  granting  thereof.  Every  person 
so  licensed  shall  wear  a badge  with  the  name  and 
number  of  his  license  plainly  engraved  or  printed 
thereon,  visible  at  all  times  to  the  person  employing 
him.  Any  person  violating  any  of  the  provisions  of 
this  section,  or  any  person  who  shall  act  as  a public 
porter  or  runner  without  having  first  obtained  such 
license,  shall  be  subject  to  a fine  of  not  less  than  five 
nor  more  than  ten  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  ten  nor 
more  than  thirty  days. 

§ 2.  The  keeper  or  keepers  of  any  public  house  or 
hotel,  who  shall  have  obtained  a license  for  any  porter 
or  runner  in  his,  her  or  their  employ  may  have  the 
same  revoked  and  be  entitled  to  another  license  for  the 
remaining  portion  of  the  year  without  additional  fee 
therefor;  provided  that  no  such  license  shall  be 
changed  or  transferred  to  any  other  hotel  or  public 
house  without  an  order  from  the  mayor,  or  the  com- 
mittee of  the  common  council  on  licenses;  and  each 
and  every^  keeper  of  such  hotel  or  house  shall  be  per- 


THE  CITY  OF  SYRACUSE. 


355 


soiially  liable  for  each  and  every  violation  of  the  or- 
dinances in  reference  to  “porters  and  runners,”  when 
committed  by  any  porter  or  runner  in  his,  her  or  their 
employ,  or  who  shall  be  acting  under  the  license 
granted  to  any  such  hotel  or  public  house  keeper. 

§ T,.  Any  porter  or  runner  who  shall  at  any  railroad  Rosters  and 
depot  or  station,  or  at  any  other  place,  make  use  of 

. . 1 r 1 . X-  • use  of  boister- 

device,  deceit,  imposition  or  false  representation  in  re- ous  language, 
lation  to  the  charge  of  fare,  character,  custom  or  loca- 
tion, of  any  public  house,  hotel  or  private  house,  or 
street,  place  of  business,  localit}'  or  number  whatever 
in  said  city,  or  in  relation  to  the  time  or  place  of  the 
arrival  or  departure  of  any  boat,  stage,  omnibus  or 
railroad  car  or  train,  or  other  conveyance,  to  any 
stranger,  non-resident  or  citizen,  or  who  shall  at  any 
time  or  place  when  engaged  in  his  employment,  or  at 
any  time  in  any  railroad  depot  or  station,  make  use  of 
any  language  or  commit  any  act  calculated  to  disturb 
the  public  peace  or  good  order  of  the  place,  or  vex  or 
disturb  strangers  or  citizens,  shall  be  subject  to  a fine  Penalty, 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  ten  days  nor  more  than  three  months, 
or  to  both  such  fine  and  imprisonment. 

§ 4.  Any  license  granted  pursuant  to  the  provisions  Mayor  may 

revoke  license. 

of  this  chapter  may  be  revoked  by  the  mayor  on 
complaint  made  after  an  investigation  of  the  case 
by  him. 


356 


ORDINANCES  OF 


Porters  and 
runners — 
regulations  at 
depots. 


Penalty. 


Poultry,  &c., 
to  be  drawn. 


Penalty. 


§ 5.  Every  porter  or  runner,  on  entering  any  rail- 
road depot,  shall  wear  the  badge  required  in  section 
one  of  this  chapter,  and  shall  stand  where  the  depot 
policeman  directs,  and  receive  checks  for  baggage 
from  passengers  at  such  stand  and  at  no  other  place. 
Every  porter,  runner,  hackman,  or  driver  of  a cab, 
coach,  baggage  wagon  or  omnibus  shall  obey  all  rules 
or  regulations  made  from  time  to  time,  by  any  railroad 
company  for  the  government  and  good  order  of  their 
respective  depots,  offices  and  passenger  reception 
rooms.  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  subject  to  a fine  of  not  less  than 
two  nor  more  than  fifty  dollars,  or  imprisonment  in 
the  penitentiary  of  the  county  for  not  less  than  ten 
days  nor  more  than  three  months. 


CHAPTER  XXXVI. 

POULTRY. 

Section  i.  Any  person  exposing  or  offering  for 
sale  within  the  city  limits  any  turkeys,  chickens, 
geese,  ducks,  wild  game  or  other  description  of  poul- 
try, which  have  not  been  fresh  drawn  and  have  not 
the  heads  taken  off,  shall  be  subject  to  a fine  of  ten 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  thirty  days  for  each  offense. 


THE  CITY  OF  SYRACUSE. 


357 


CHAPTER  XXXVH. 

RAILROADS  AND  STEAMBOATS. 

Section  i.*  No  railroad  company  whose  cars  are  Speed  of 

steam  and 

propelled  by  steam  power,  and  no  street  surface  rail- 
way  company  shall  propel  its  cars  within  the  city 
limits  at  a greater  rate  of  speed  than  one  mile  in  eight 
minutes,  and  any  engineer,  motorman,  driver  or  other 
employee  in  the  employ  of  any  railroad  or  street  sur- 
face railway  company  who  shall  violate  this  ordinance 

Penalty. 

shall  be  subject  to  a fine  of  not  less  than  twenty  nor 
more  than  one  hundred  dollars,  or  to  imprisonment  in 
the  penitentiary  of  the  county  for  not  less  than  thirty 
days  nor  more  than  three  months,  or  both  such  fine 
and  imprisonment  for  each  offense. 

§2.  No  locomotive,  car,  or  train  of  cars  shall  be  obstructing 

crossinj^s  or 

permitted  to  remain  or  be  left  standing  in,  across  or '^lowing  steam 
Upon  any  public  street,  street  crossing,  alley  or  public  fo^'^itiden. 
grounds  within  the  city,  nor  shall  any  railroad  com- 
pany or  its  employees  shift  any  cars,  locomotives  or 
trains,  or  make  up  or  divide  trains  upon,  across  or 
along  any  of  the  streets  of  the  city,  nor  shall  any 
steam  whistle  be  blown  or  steam  di.scharged  from  any 
locomotive,  or  from  any  engine  attached  to  any  boat 
or  vessel,  to  the  annoyance  of  horses  or  citizens  within 
the  city  limits.  Any  violation  of  any  of  the  provisions 
of  this  section  shall  subject  the  person  or  company 
owning  or  operating  or  any  person  in  charge  of  such 


*As  amended  September  8th,  1891. 


358 


ORDINANCES  OF 


Penalty. 


Railroad 
companies 
to  remove 
snow. 


Penalty. 


Jumping  on 
cars  when 
in  motion 
forbidden. 


locomotive,  engine,  boat,  vessel,  car  or  train  of  cars,, 
or  any  person  in  the  employ  of  any  railroad  company,, 
or  in  the  employ  of  the  owner  of  any  such  boat  or  ves- 
sel, who  has  authority  or  power  to  remove  or  control 
such  locomotive,  engine,  car,  train  of  cars,  boat  or  ves- 
sel, or  the  use  of  steam  in  such  locomotive  or  engine, 
to  a fine  of  not  less  than  ten  nor  more  than  one  hun- 
dred dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  thirty  days  nor  more  than 
three  months,  or  to  both  such  fine  and  imprisonment. 

^ 3.  Any  railroad  company  occupying  any  railroad 
track  which  traverses  any  street  in  this  city  shall  at  all 
times  keep  the  snow  on  such  street  removed  there- 
from, or  so  leveled  as  to  render  the  said  street  free 
from  obstructions  to  public  use  and  travel,  and  from 
any  danger  to  person  and  property.  In  case  of  any 
violation  of  the  provisions  of  this  section,  any  officer 
or  employee  of  such  company  who  has  charge  of  or 
possesses  or  exercises  any  control  over  the  said  tracks, 
shall  be  subject  to  a fine  of  not  less  than  ten  nor  more 
than  one  hundred  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  thirty  days 
nor  more  than  three  months,  or  to  both  such  fine  and 
imprisonment. 

§ 4.  No  person  shall  step  or  jump  upon  or  off*  the 
step  or  platform  of  any  car  while  the  car  is  in  motion, 
within  the  city  limits,  nor  in  any  manner  hang  upon 
or  to  any  step,  platform,  railing,  bumper  or  coupling 
of  any  car  or  locomotive  while  such  car  or  locomotive 


THE  CITY  OF  SYRACUSE. 


359 


is  in  motion,  nor  pass  between  the  cars  of  any  station- 
ary train  unless  such  cars  are  uncoupled  and  a space  is 
left  for  the  purpose.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  a fine  of  Penalty, 
five  dollars  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  ten  days  for  each  offense. 

§ 5.  No  car  on  any  street  railroad  in  the  city  shall  street  cars 
be  allowed  to  stop  on  a crosswalk  or  at  any  street 
crossing,  except  to  avoid  collision  or  other  accident,  acddelft. 
and  no  such  car  shall  stop  to  receive  or  let  off  passen- 
gers at  any  cross  street  except  at  such  points  where 
the  entire  car  and  horses  thereto  attached  shall  be  out- 
side the  limits  of  such  cross  street,  nor  shall  any 
detached  car  be  left  standing  in  any  public  street  or 
alley.  Any  violation  hereof  shall  subject  the  superin- 
tendent, conductor  or  driver  in  charge  of  such  car  to  a 
fine  of  not  less  than  five  nor  more  than  twenty  dollars,  penalty, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  ten  nor  more  than  thirty  days  for 
each  offense. 

§6.  Every  owner  or  person  managing  any  steam  poiier  on 

steam  yachts 

yacht  or  steamboat,  which  may  be  used  for  pleasure  or  or  steamboats 

to  be  exam- 

the  conveyance  of  passengers  or  for  towing  any  boat 
or  vessel  upon  which  passengers  may  be  carried  to  or 
from  the  city  shall,  forthwith  and  hereafter,  on  or  be- 
fore the  first  day  of  May  in  each  year  cause  the  boiler 
and  the  attachments  thereto  of  such  steam  yacht  or 
steamboat  to  be  thoroughly  examined  by  a competent 
inspector  to  be  designated  by  the  mayor,  and  shall 
obtain  from  such  inspector  a certificate  showing  that 


36o 


ORDINANCES  OF 


Certificate  to 
be  posted. 


Expense  to 
be  paid  by- 
owner. 


Penalty. 


All  steam 
yachts,  etc., 
to  be  inspected 
and  carry 
certificate. 


such  boiler  and  its  attachments  have  been  inspected 
and  that  they  are  in  a safe  condition  for  use,  and  shall 
cause  such  certificate  to  be  conspicuously  posted  in  the 
cabin  of  such  steam  yacht  or  steamboat.  He  shall 
also  at  all  times  keep  such  boiler  and  its  appurtenances 
in  proper  repair,  and  at  any  and  all  times  permit  any 
person  thereunto  authorized  by  the  mayor  or  common 
council  to  inspect  such  boiler  and  its  appurtenances 
and  shall,  if  such  inspector  deems  the  boiler  or  its 
appurtenances  to  be  unsafe,  forthwith  repair  the  same. 
The  expense  of  the  inspections  and  certificates  hereby 
required  shall  be  sustained  by  the  owners  or  managers 
of  such  boats.  No  person  who  shall  fail  to  comply 
with  the  provisions  of  this  section  shall  receive  or  dis- 
charge passengers  upon  or  from  such  steam  yacht  or 
steamboat  or  boat  in  tow  within  the  city  of  Syracuse, 
and  any  person  violating  any  of  the  provisions  of  this 
section  shall  be  subject  to  a fine  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  county  for  not 
less  than  thirty  days  or  more  than  three  months,  or  to 
both  such  fine  and  imprisonment. 

§ 7.  E^very  owner  or  person  managing  any  steam 
yacht,  steamboat  or  other  barge  or  vessel  which  may 
be  used  for  pleasure  or  the  conveyance  of  passengers  to 
or  from  the  city  shall  forthwith  and  on  or  before  the 
first  day  of  May  in  each  year  hereafter  cause  .said  boat 
to  be  in.spected  by  a competent  person,  to  be  desig- 
nated by  the  mayor,  and  shall  obtain  from  such  person 
so  designated  a certificate  which  shall  state  the  num- 


THE  CITY  OF  SYRACUSE. 


361 


ber  of  persons  such  steamboat,  steam  yacht  or  other 
vessel  can  receive  on  board  and  carry  at  one  time  with 
entire  safety  to  such  boat  and  the  persons  received  sustaine 
thereon,  and  shall  cause  such  certificate  to  be  posted  in 
some  conspicuous  place  in  the  cabin  of  such  boat. 

The  expense  ol  such  inspections  and  certificates  here- 
b}"  required  shall  be  sustained  by  the  owners  or  mana- 
gers of  such  boats.  No  person  who  shall  fail  to  com- 
ply with  the  provisions  of  this  section  shall  receive  or 
discharge  passengers  upon  or  from  such  steam  yacht, 
steamboat,  barge  or  other  vessel  within  the  city  of 
Syracuse.  Any  penson,  whether  the  owner  or  mana- 
ger of  such  boat  or  an  employee  thereon,  who  shall 
receive  on  board  of  any  such  boat  a larger  number  of 
persons  than  it  is  stated  in  such  certificate  can  be  re- 
ceived and  carried  thereon  with  entire  safety  as  afore- 
said, and  any  person  who  .shall  fail  to  comply  with 
any  of  the  provisions  of  this  section  .shall  be  .subject  to 
a fine  of  not  less  than  fifty  nor  more  than  one  hundred  Penalty, 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  or  to  both  such  fine  and  imprisonment. 


CHAPTER  XXXVIII. 


REPORTS. 


Section  1.*  The  board  of  police  com mi.s.si oners,  the  city  officers 

and  boards  to 

board  of  fire  commissioners,  the  board  of  exci.se  com- make  annual 

reports  to 

mis.sioners,  the  board  of  education,  the  board  of  health, 


*As  amended. 


362 


ORDINANCES  OF 


When  to 
make  report. 


Council  may 
demand 
report  at 
any  time. 


the  water  board,  the  board  of  civil  service  examiners,, 
the  city  treasurer,  the  corporation  counsel,  the  com- 
missioner of  public  works,  the  city  engineer,  the  po- 
lice justice,  the  fire  marshal,  and  the  overseer  of  the 
poor  shall  report  annually  to  the  common  council  in 
the  month  of  February,  and  at  or  before  the  last 
meeting  of  the  council  then  retiring  from  office  for  the 
year  ending  January  31,  or  oftener  if  required,  and 
in  such  form  and  manner  as  the  common  council  may 
require,  a detailed  statement  of  all  transactions, 
financial  or  otherwise,  belonging  to  his  or  their  de- 
partment, the  condition  of  the  same  and  the  public 
property  belonging  thereto,  together  with  such  other 
items  of  public  interest,  and  such  suggestions  concern- 
ing his  or  their  department  as  he  or  they  may  deem 
essential  for  the  public  welfare. 


CHAPTER  XXXIX. 

SIDEWALKS  AND  Gl'TTEKS. 

Sidewalks  and  SECTION  I.*  The  occupaut  of  each  and  everv  tene- 

gutters  to  be 

obsuucdo^r’^  ment  or  building  in  the  city  fronting  upon  any  park,, 
snow,  ice,  etc.  alley,  or  the  owner,  or  the  agent  of  the 

owmer  of  any  lot  unoccupied  by  a building  or  tene- 
ment fronting  as  aforesaid,  shall  at  all  times  keep  the 
sidewalk  and  also  the  gutters  along  the  .said  premises 
clean  and  free  from  all  obstructions  of  any  kind  and 
nature  ; shall  also  keep  clo.sely  cut  all  gra.ss  or  weeds 
that  may  grow  along  .said  sidewalk  or  gutters,  and 


*As  amended. 


THE  CITY  OF  SYRACUSE. 


363 


shall  keep  said  gutters  free  from  all  accumulations  of 
dirt,  stones  or  debris  of  any  nature,  and  shall  clear 
such  sidewalks  and  gutters  from  all  snow  or  ice  that 
may  fall  on  or  accumulate  thereon,  by  ten  o’clock  in 
the  forenoon  of  each  day,  and  cause  the  same  to  be 
kept  clean  from  such  snow  and  ice. 

Any  person  violating  any  of  the  provisions  of  this  Penalty, 
section  shall  be  subject  to  a fine  of  not  less  than  two 
nor  more  than  ten  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  five  nor 
more  than  thirty  days,  and  to  a like  fine,  or  to  like  im- 
prisonment, for  ever}'  twenty-four  hours  such  person 
shall  neglect  or  refuse  to  comply  with  the  provisions  of 
this  section  after  notice  duly  given.  In  case  of  prem- 
ises unoccupied  or  vacant  of  which  the  owner  is  a non- 
resident of  the  city,  and  there  is  no  agent  of  such 
owner  in  the  city  who  can  be  found,  the  commis.sioner 
of  public  works  shall  give  the  notice  recpiired  by  .sec- 
tions 139  and  161  of  the  revi.sed  charter  of  the  city  of 
Syracuse,  pa.s.sed  February  21,  1885,  and  .shall  proceed 
as  required  in  sections  161,  162  and  163  of  said  revised 
charter,  and  cause  the  said  walks  and  gutters  to  be 
cleaned  and  freed  from  all  ol:>structions. 

§ 2.*  Any  person  who  shall  fasten  a horse  in  such  sidewalks  and 

cross-walks 

a wav  that  the  horse,  vehicle,  reins  or  line  shall  be  an  not  to  be  ob- 
structed by 

obstacle  to  the  free  use  of  any  sidewalk  or  any  cross- 
walk,  or  shall  lead,  push,  draw  or  suffer  to  remain  upon 
any  sidewalk,  any  horse  or  other  animal,  or  any  wheel- 


*As  amended. 


Penalty. 


Obstructions 
on  sidewalks 
to  be  taken 
to  pound. 


Awnings 
other  than 
cloth  prohibi- 
ted. 


364  ORDINANCES  OF 

barrow,  hand-cart,  hand  wagon  or  other  vehicle,  or 
shall  sell  or  attempt  to  sell,  or  cry  for  sale  at  auction, 
any  goods,  chattels  or  personal  property,  or  shall  saw 
or  split  wood,  or  mix  or  temper  mortar,  or  curry  or 
clean  any  horse,  or  wash,  clean  or  grease  any  wagon, 
carriage  or  other  vehicle  on  any  sidewalk  or  crosswalk, 
or  shall  place  any  stone,  cask,  box,  plank,  barrel, 
board  or  other  article  on  any  sidewalk  or  crosswalk, 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more 
than  ten  dollars,  or  to  imprisonment  in  the  penitentiary 
of  the  county  for  not  less  than  five  nor  more  than 
thirty  days  for  each  offense  ; and  any  cask,  box,  bar- 
rel, plank,  board  or  other  article,  and  any  animal  or 
vehicle  left  on  any  sidewalk  or  crosswalk,  ma}’  be 
forthwith  taken  to  the  public  pound  by  order  of  the 
mayor,  any  alderman,  the  commissioner  of  public 
works  or  his  deputies,  the  chief  of  police  or  any  po- 
liceman, and  .such  article,  animal,  or  vehicle  shall  be 
sold  for  the  expenses  of  such  removal  by  the  commis- 
sioner of  public  works  after  five  da^'s’  notice  by  public 
advertisement,  unless  such  expen.se  of  removal  .shall 
have  been  previously  paid  ; but  nothing  herein  con- 
tained .shall  prohibit  merchants  and  others  from  plac- 
ing goods  and  merchandi.se  and  furniture  on  the  side- 
walk for  the  purpose  of  loading  and  unloading  the 
.same,  provided  that  the  .same  .shall  be  removed  with- 
out unrea.sonable  delay. 

§ 3."^  Any  per.son  or  persons  who  shall  hereafter  erect 
an>'  awning  of  wood  or  other  material  excei)t  cloth 

*As  amended. 


THE  CITY  OF  SYRACUSE. 


365 


upon  or  over  any  of  the  sidewalks  of  the  city  without 
the  permission  of  the  common  council  first  obtained,  Penalty, 
shall  be  subject  to  a fine  of  twenty-five  dollars  or  to 
imprisonment  in  the  penitentiary  of  the  county  for 
thirty  days,  and  a further  fine  of  ten  dollars  for  every 
twenty-four  hours  such  awning  shall  remain  after  no- 
tice to  take  down  the  .same  has  been  given  by  the 
mayor,  any  alderman,  commissioner  of  public  works  or 
chief  of  police. 

Any  person  who  shall  erect  any  cloth  awning  or  Awnings  must 

^ ° be  seven  feet 

other  awning  over  any  .sidewalk  of  this  cit}’  of 
than  .seven  feet  elevation  from  and  extending  more 
than  six  feet  over  the  walk,  shall  be  .subject  to  a fine 
of  not  less  than  five  nor  more  than  twenty-five  dollars,  penalty, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  le.ss  than  ten  nor  more  than  thirty  days,  and  a 
further  fine  of  ten  dollars  for  every  twenty-four  hours 
such  awning  shall  remain  after  notice  to  remove  the 
same,  as  in  the  ca.se  of  the  wooden  awnings. 

Any  per.son  who  shall  su.spend  or  place  any  wares,  Ooods,  or 
goods,  or  merchandi.se  in  front  of  any  store,  shop  or  ^ ® 
other  building  so  as  to  ofj.struct  the  free  passage  of  the  wa?k.^^*^ 
.sidewalk,  shall  be  subject  to  a fine  of  not  less  than  five 
nor  more  than  ten  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  le.ss  than  five  nor 
more  than  thirty  days;  but  goods,  wares  and  mer- 
chandi.se  may  be  su.spended  against  the  wall  of  any 
.store  or  other  building,  providing  they  do  not  project 
from  the  building  .so  as  to  interfere  with  the  free  use  of 


Shade  trees. 


Penalty. 


Persons''dig- 
ging  across 
side-walks  to 
obtain  permis- 
sion of  com- 
missioner of 
public  works. 


Penalty. 


366  * ORDINANCES  OF 

the  sidewalk,  and  in  no  case  project  from  the  building 
more  than  fourteen  inches. 

§ 4."^  All  shade  trees  hereafter  to  be  set  out  or  planted 
shall  be  placed  within  one  foot  of  the  outer  line  of  the 
sidewalk.  Any  person  violating  this  provision,  or  who 
shall  neglect  or  refuse  to  remove  such  trees  when 
otherwise  placed,  on  being  required  so  to  do  by  the 
commissoner  of  public  works,  or  who  shall  hitch  any 
animal  to  any  tree  so  set  within  any  sidewalk,  shall 
be  subject  to  a fine  of  five  dollars,  or  to  imprisonment 
in  the  penitentiary  of  the  count}’  for  ten  days  for  each 
offense. 

§ 5.*  No  person  shall  dig  across  the  sidewalk  in  front 
of  the  premises  owned  or  occupied  by  him,  or  shall 
cause  the  same  to  be  done  until  he  shall  have  obtained 
the  permission  of  the  commissioner  of  public  works 
in  writing,  which  permission  shall  state  the  purpose  for 
which  such  digging  is  to  be  done ; and  such  person 
after  such  digging  has  been  done  shall  put  the  side- 
walk and  gutter  in  as  good  condition  as  they  were  in 
before,  and  shall  maintain  the  same  to  the  satisfaction 
of  the  commissioner  of  public  works.  Any  violation 
of  any  of  the  above  provisions  of  this  section  shall  sub- 
ject the  person  offending  to  a fine  of  not  less  than  five 
nor  more  than  fifty  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  ten  days 
nor  more  than  three  months,  or  to  both  such  fine  and 
imprisonment. 


*As  amended. 


'IHE  CITY  OF  SYRACUSE. 


367 


§6.  Aiiv  person  who  shall  erect  or  cause  to  be ‘‘Stairs  not 

' to  be  erected 

erected  any  stairs  leading  from  the  sidewalk  and  con-  ^issfo^ 
tinning  over  the  same  to  an  entrance  in  the  first  or  sec- 
ond story  of  any  building,  shall  first  get  permission  of 
the  common  council,  and  the  approval  of  the  mayor 
therefor.  Any  person  violating  any  of  the  provisions 
of  this  section  shall  be  subject  to  a fine  of  five  dollars  I'enaity. 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  ten  days,  and  a further  fine  of  ten  dollars  for  every 
twenty-four  hours  the  stairs  shall  remain,  after  written 
notice  to  remove  the  same  given  by  any  officer  of  the 
city. 

§ 7.  Any  person  who  shall  erect  or  suffer  to  be  ‘■eating: 

' ^ posts  or  pro- 

erected,  any  sign  or  fixture  projecting  from  any  build- 

• • • 1 11  walks. 

ing  into  or  over  any  sidewalk  or  street  more  than  three 
feet  from  such  building,  or  less  than  seven  foot  above 
said  walk,  except  as  in  this  chapter  hereinbefore  pro- 
vided, shall  be  subject  to  a fine  of  not  less  than  three  Penalty, 
nor  more  than  ten  dollars,  or  to  imprisonment  in  the 
penitentiary  of  the  county  for  not  less  than  five  nor 
more  than  thirty  days,  and  to  a like  fine  or  like  im- 
prisonment for  every  forty-eight  hours  the  .said  sign  or 
fixture  shall  remain  after  the  owner  or  occupant  of  said 
building  or  person  maintaining  .said  sign  has  been 
requested  to  remove  the  same  by  the  mayor,  any  aider- 
man  or  policeman. 

§ 8.  No  person  shall  erect  any  hitching  po.st  or  other  Hitching 

posts,  erec- 

obstruction  within  the  outer  line  of  the  gutter  of  Yearns  not  to 
street,  nor  .shall  any  person  drive  or  lead  any  team  of  si^evvaiks.^” 


368 


ORDINANCES  OF 


Penalty. 


No  walks  or 
streets,  etc  , 
shall  be  used 
as  hucksters 
stand,  etc., 
without 
permission. 


Penalty. 


All  cycles 
used  on  side- 
walks must 
be  registered. 


any  description  on,  to  or  across  or  along  any  sidewalk 
in  this  city.  Any  person  violating  any  of  the  provis- 
ions of  this  section  shall  be  subject  to  a fine  of  not  less 
than  two  nor  more  than  ten  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less  than 
five  nor  more  than  thirty  days,  and  to  a like  fine  or  to  a 
like  imprisonment  for  every  twenty-four  hours  such 
hitching  post  or  other  obstruction  is  allowed  to  remain 
after  notice  to  remove  the  same  ; but  nothing  herein 
contained  shall  prevent  the  owners  or  occupants  of  lots 
from  driving  across  the  walks  in  front  of  their  prem- 
ises. 

§ 9."^  No  person  shall  use  or  occupy  any  sidewalk, 
street,  alley  or  park  within  the  city  for  the  purpose  of 
a huckster’s  stand,  or  as  a place  for  vending  any  fruits, 
nuts  or  other  articles  of  merchandise,  without  permis- 
sion of  the  commissioner  of  public  works  in  writing, 
duly  approved  by  the  mayor.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to 
a fine  of  nor  less  than  two  nor  more  than  ten  dollars,  or 
to  imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  five  nor  more  than  thirty  days  for  each 
offense.  , 

^ lo  Sub-division  i.  No  person  or  persons  shall 
ride  any  cycle  upon  any  sidewalk  intended  for  the  use 
of  pedestrians  through  or  upon  any  street,  alley,  park, 
bridge,  or  other  public  place  in  said  city  of  SyracUvSe, 
or  belonging  thereto,  unless  the  rider  thereof  shall 


*As  amended. 


THE  CITY  OF  SYRACUSE. 


369 


have  in  his  possession,  and  subject  to  inspection  by 
any  police  officer,  a written  permit  therefor,  or  unless 
such  cycle  shall  have  been  duly  registered  and  num- 
bered, and  shall  have  such  number  affixed  thereto,  in 
a conspicuous  place,  as  hereinafter  provided,  under  a 
penalty  of  five  dollars  for  each  offense.  This  section  Exception, 
shall  not  apply  to  cripples,  invalids  or  others  unable  to 
walk. 

2.  Any  person  may  ride  a cycle  with  a bell  attach- what  side- 

walks not  to 

ment  registered  and  numbered  as  hereinafter  provided, 
upon  any  sidewalk  of  this  city,  except  that  between 
the  hours  of  6 A.  m.  and  ii  p.  :\i.,  no  person  shall  ride 
a cycle  upon  the  sidewalks  of  the  business  streets  of 
said  city  as  determined  by  the  commissioner  of  public 
works,  and  annually  published  in  two  of  the  news- 
papers of  said  city  of  Syracuse  on  or  before  May  ist,  of 
each  year ; or  upon  the  footpaths  of  any  and  all 
bridges,  under  a penalty  of  five  dollars  for  each  offense. 

And  no  person  shall  ride  a cycle  between  the  hours 
above  stated  under  a like  penalty,  upon  the  sidewalks 
of  any  street  that  is  now  paved  or  may  hereafter  be 
paved  with  asphalt,  brick,  cedar  block  or  Medina  block 
pavement,  unless  such  street  shall  be  impassible  by 
reason  of  excavations  or  repairs. 

3.  Any  person  who  shall  ride  or  propel  any  cycle  Rate  of  speed. 
Upon  any  sidewalk,  street,  or  foot  path  between  the 

hours  of  6 A.  M.  and  ii  p.  m.  at  a greater  rate  of  speed 
than  seven  miles  per  hour,  or  while  riding  a cycle  at 
any  rate  of  speed  upon  any  sidewalk  or  foot  path  in 


3/0 


ORDINANCES  OF 


Place  and 
manner  of 
registry. 


Report  of 
loss  or 
transfer. 


said  city  shall  willfully  or  negligently  collide  with  or 
run  against  any  person  walking  or  standing  upon  such 
sidewalk  or  foot  path  shall  be  liable  to  a fine  of  not  less 
than  ten  dollars  nor  more  than  twenty-five  dollars  for 
each  offense,  and  any  conviction  under  this  section 
shall  work  a revocation  of  any  permit  and  forfeiture 
of  all  rights  and  privileges  under  any  registration  held 
b\^  the  person  so  convicted  at  the  time  of  such  con- 
viction. 

4.  The  city  clerk  is  hereby  directed  to  provide  a 
book  in  which  shall  be  recorded  the  name  and  resi- 
dence of  the  owner  of  every  cycle,  a brief  description 
of  such  cycle,  the  name  of  the  manufacturer  and  num- 
ber, and  any  other  details  necessary  and  proper  to 
identify  such  wheel  and  to  carry  into  effect  the  provis- 
ions of  this  ordinance  ; and  said  city  clerk  shall  assign 
a serial  number  to  every  such  cycle  in  the  order  in 
which  the  same  shall  be  recorded ; such  serial  number 
shall  be  displayed  upon  a metal  plate  of  suitable  size 
and  shape,  not  less  than  one  thirty-second  of  an  inch  in 
thickness,  and  such  numbers  shall  be  attached  to  every 
such  cycle  by  the  city  clerk,  or  under  his  direction, 
upon  the  front  side  of  the  handle-bar,  near  the  head, 
in  such  manner  as  such  city  clerk  may  consider  best, 
and  shall  be  furnished  to  each  person  at  the  time  of 
registering  such  cycle. 

5.  In  case  of  the  owner  of  any  cycle,  registered  and 
numbered  as  aforesaid,  shall  sell  or  otherwise  loose 
possession  or  ownership  thereof,  he  shall  forthwith 


THE  CITY  OF  SYRACUSE. 


371 


report  the  facts  to  the  city  clerk,  and  the  same  shall  be 
•duly  recorded  in  the  cycle  register  provided  for  herein. 

6.  In  any  suit  or  action  for  the  recovery  of  any 
damages  or  penalties  for  the  violation  of  any  ordinance 
•caused  by  the  use  of  such  C3xle,  the  records  in  the 
office  of  said  city  clerk,  herein  provided  for,  shall  be 
presumptive  evidence  of  the  ownership  of  such  cycle. 

7.  The  said  city  clerk  is  hereby  authorized  and  di-  Permits 
rected  to  furnish  to  any  person,  upon  payment  of  the 

fee  therefor,  as  herein  provided,  a written  permit  to 
use  a cycle  for  a specified  time  upon  the  said  sidewalks 
and  foot  paths  of  said  city,  subject  to  the  provisions  of 
Sub-division  2 herein,  without  such  cycle  being  regis- 
tered and  numbered,  as  herein  provided.  Such  permit 
shall  describe  such  wheel,  and  state  the  name  of  the 
•owner  and  applicant,  and  manufacturers’  number  of 
wheel ; and  said  city  clerk  shall  keep  a record  of  all 
:such  permits  in  a book  to  be  kept  for  that  purpose. 

8.  For  the  purpose  of  this  ordinance  the  term“Cycie” 

defined. 

“cycle”  shall  be  construed  to  mean  any  unicycle, 
bicycle  or  tricycle  whose  wheel  or  wheels,  or  either  of 
them,  shall  exceed  24  inches  in  diameter. 

9.  The  fee  for  recording  each  cycle  shall  be  fifty  Fees, 
■cents;  for  furnishing  and  attaching  such  numbers, 
fifteen  cents ; for  recording  transfers,  twenty-five  cents; 

for  a permit,  ten  cents  for  each  day  covered  by  such 
permit ; and  the  same  shall  be  paid  to  the  city  clerk 


372 


ORDINANCES  OF 


Extra 

privileges. 


Stone,  brick, 
lumber,  etc., 
shall  not  be 
placed  on 
streets  with- 
otit  permis- 
sion. 


Penalty. 


by  the  person  applying  therefor,  and  be  deposited  hy 
said  clerk  with  the  treasurer  of  said  city  to  the  credit 
of  the  contingent  fund. 

10.  The  mayor  is  hereby  authorized  to  grant  the 
permit  herein  provided  for,  without  fee  to  any  and  all 
visiting  wheelmen  on  the  occasion  of  any  cycling  meet 
or  parade. 

1 1 . All  ordinances,  and  parts  of  ordinances,  incon- 
sistent with  the  provisions  of  this  ordinance  are  hereby 
repealed. 

12.  This  ordinance  shall  take  effect  on  the  ist  day 
of  July,  1894. 


CHAPTER  XL. 

STREETS. 

Section  i.*  An}-  person  who  shall  place  or  cause 
to  be  placed  any  stone,  bricks,  boards,  plank,  timber, 
lumber  or  other  materials  for  building,  in  or  upon 
any  street,  alley  or  public  square  in  the  city  without 
written  permission  from  the  mayor  or  commissioner 
of  public  works,  shall  be  subject  to  a fine  of  not  less 
than  five  nor  more  than  twenty-five  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  county  for  not 
less  than  ten  nor  more  than  thirty  days  for  each  offense, 
and  be  subject  to  a like  fine  or  to  a like  imprisonment 


*As  amended. 


THE  CITY  OF  SYRACUSE. 


373 


for  every  twenty-four  hours  the  same  shall  remain  in 
such  street,  alley,  or  public  square,  without  such  writ- 
ten permission. 


The  mayor  or  commissioner  of  public  works  may  Permission  to 

be  granted  by 

give  permission  in  writing  to  an}'  person  to  place  and  JJ,^my^oner 
keep  building  material,  to  be  used  for  the  purpose  of  works/^^ 
building,  in  any  of  the  streets,  alleys  or  public  squares 
of  the  city,  in  front  of  the  lot  or  place  where  the  build- 
ing is  proposed  to  be  erected,  but  such  permission  shall 
not  be  for  longer  period  than  three  months,  nor 
it  authorize  the  obstruction  of  any  of  the  sidewalks  or 
gutters,  nor  more  than  one-half  of  the  carriage  way  of 
the  street  against  such  lot  or  place. 


Any  such  permission  may  be  revoked 
or  by  the  common  council. 


by  the  mayor  Permission^ 
may  be 
revoked. 


Kvery  person  obtaining  such  permission  shall  cause 
all  such  materials  and  tlie  rubbish  accumulated  to  be 
removed  from  the  street,  as  soon  as  the  work  upon  th^ 
building  shall  have  been  completed  or  the  permission 
granted  .shall  have  expired  or  have  been  revoked,  and 
upon  his  neglecting  or  refusing  so  to  do,  he  shall  be  Penalty, 
subject  to  a fine  of  five  dollars  for  every  twenty-four 
hours  the  same  shall  remain  after  the  time  named  in 
the  writing  shall  have  terminated,  or  after  being  noti- 
fied that  such  permit  has  been  revoked  b}'  the  common 

council.  No  pavement, 

cross-walk  or 
trench  to  be 

^ 2*  No  person  shall  injure  or  tear  up  any 

, . . 11  1 11  1-  from  commis- 

ment,  street  or  crosswalk,  nor  shall  any  person  dig  any  sjoner  of  pub- 

lie  works. 


*As  amended. 


374 


‘ ORDINANCES  OF 


Penalty. 


City  not 
liable  for 
damages. 


When  hole  or 
trench  is  left 
open  for  the 
night,  chief 
engineer  or 
assistant  must 
be  notified. 


hole  or  trench  in  any  street  to  connect  with  the  sewer 
or  gas  pipe,  or  for  any  other  purpose,  without  first 
obtaining  the  consent  of  the  commissioner  of  public 
works  in  writing,  and  any  person  who  shall  tear  up  the 
pavement  of  any  street  or  dig  any  hole  or  trench  in 
any  street  shall  restore  such  street  and  pavement  to  as 
good  condition  as  it  was  in  before,  and  such  pavement 
shall  be  relaid  and  such  hole  or  trench  shall  be  refilled 
under  the  direction  of  and  to  the  satisfaction  of  the 
commissioner  of  public  works.  Any  person  violating 
any  of  the  foregoing  provisions  of  this  section  shall  be 
subject  to  a fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars,  or  to  imprisonment  in  the  peniten- 
tiar}^  of  the  county  for  not  less  than  thirty  days  nor 
more  than  three  months,  or  to  both  such  fine  and  im- 
prisonment. When  consent  or  permission  shall  be  ob- 
tained to  connect  with  a sewer,  the  person  obtaining 
the  .same  or  making  such  connection,  or  his  grantees, 
shall  not  be  entitled  to  claim  of  the  city  any  damage 
sustained  by  reason  of  the  flooding  of  the  .sewer  with 
which  such  connection  .shall  be  made,  whether  such 
flooding  shall  be  occa.sioned  by  want  of  capacity  of 
such  sewer  or  obstructions  therein ; and  any  person 
who  .shall  connect  a drain  or  .sewer  from  his  or  her 
premi.ses  with  any  public  sewer,  shall  waive  all  dama- 
ges which  such  penson  may  be  subjected  to  on  account 
of  back  water  from  such  public  sewer.  Any  person 
who  .shall  dig  or  cau.se  to  be  dug  any  hole  or  trench  in 
any  street,  lane  or  alley  of  the  city,  and  .shall  not 
properly  refill  the  same  before  dark  of  the  day  during 
which  the  .same  was  dug,  .shall  notify  the  chief  or  an 


THE  CITY  OF  SYRACUSE. 


375 


assistant  engineer  of  the  fire  department  that  he  pro- 
poses to  leave  such  hole  or  trench  open  during  the  fol- 
lowing night,  protected  by  suitable  guards  and  signals,  Guards 

and 

and  giving  the  exact  location  thereof,  and  any  neglect  Signals, 
to  give  the  notice  herein  required  to  the  chief  or  an 
assistant  engineer  of  the  fire  department,  before  five 
o’clock  p.  M.  of  the  day  during  which  such  hole  or 
trench  was  dug,  and  to  protect  such  hole  or  trench  by 
suitable  guards  and  signals,  shall  subject  the  person  so 
offending  to  a fine  of  not  less  than  ten  nor  more  than  penalty 
fift}^  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  ten  nor  more  than  thirt}' 
days. 

§ 4.*  Any  person  who  shall  sweep,  throw  or  deposit,  Ashes,  dirt  or 
or  cause  to  be  swept,  thrown  or  deposited,  any  ashes,  id nd  not^toUe^ 

thrown  or 

dirt,  stone,  brick,  straw,  hay,  grass,  weeds,  chips,  deposited  in 
shavings  or  rubbish  of  any  kind  or  any  slops  or  foul 
liquid  of  any  kind,  in  any  street,  gutter,  or  any  public 
square  or  park,  or  on  any  sidewalk,  except  for  the 
purpose  of  immediate  removal,  and  except  he  shall 
forthwith  remove  the  same,  shall  be  subject  to  a fine  of  penalty, 
not  less  than  two  nor  more  than  ten  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  county  for  not 
less  than  five  nor  more  than  thirty  days,  for  each 
offense. 

Wood,  timber, 

5.  No  person  shall  deposit,  or  cause  or  direct  to  be  pigeedon° 
deposited,  any  wood,  timber,  lumber,  stone,  merchan-  fquare"ionger 

. . than  twenty- 

dise  or  any  other  material  on  Clinton  square  upon  the  four  hours. 

*As  amended  April  5th,  1891. 


3/6 


ORDINANCES  OF 


south  side  of  the  Erie  canal  or  in  the  streets  thereto 
adjoining,  to  remain  for  a longer  period  than  twenty- 
four  hours.  An}'  person  violating  the  provisions  of 

Penalty.  this  section  shall  be  subject  to  a fine  of  ten  dollars,  or 
to  imprisonment  in  the  penitentiary  of  the  county  for 
thirty  days,  and  to  a like  fine  or  imprisonment  for 
every  twenty-four  hours  the  person  so  offending  shall 
refuse  or  neglect  to  remove  such  material  after  notice 
to  remove  the  same  has  been  given  by  any  officer  of 
the  city. 

Detached  § 6.*  Any  wagoii-maker,  blacksmith,  inn-keeper  or 

iiTstreTt^”  other  person  who  shall  permit  any  detached  vehicle  to 

Penaitv.  remain  in  any  street,  shall  be  subject  to  a fine  of  not 
less  than  five  nor  more  than  twenty  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  county  for  not 
less  than  ten  nor  more  than  thirty  days ; and  any 

Such  vehicles  detached  vehicle  so  left  in  the  street  may  be  forthwith 

to  be  taken  to 

pound,  and  taken  by  the  commissioner  of  public  works  or  his  dep- 

sold  after  hve  ^ ir  ir 

days  notice,  chief  of  police  or  any  policeman,  to  the  pub- 

lic pound,  the  expense  of  such  removal  to  be  paid  by 
the  owner  of  such  vehicle. 

All  articles  so  taken  to  the  pound  shall  be  sold  by 
the  commis.sioner  of  public  works  for  the  expenses  of 
such  removal,  after  five  days’  notice  by  public  adver- 
tisement, unless  such  expenses  shall  have  been  pre- 
viously paid. 

Fences en-  ^7.*  Aliy  persoii  or  persoiis  who  shall  hereafter 

crouching 

upon  streets  erect  or  cause  to  be  erected  anv  fence  in  front  of  his 

to  be  removed. 


■"As  amended. 


THE  CITY  OF  SYRACUSE. 


377 


premises  which  shall  in  aii}'  manner  encroach  upon  the 
boundaries  of  any  street  in  the  city,  shall  be  subject  to 
a fine  of  not  less  than  twenty-five  nor  more  than  fifty  penalty 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  for  each  offence,  and  every  person  whose 
fence,  heretofore  erected,  now  encroaches  upon  the 
boundaries  of  any  street,  alle}"  or  public  square,  shall 
be  subject  to  the  fine  or  to  the  imprisonment  provided  Upon  refusal 

^ after  notice, 

in  this  section,  upon  his  refusing  or  neglecting  to  f J^e^ove  the 

remove  said  fence  or  fences  within  six  days  after 

being  notified  in  writing  by  the  commissioner  of  public 

works  to  so  remove  the  same,  and  upon  such  neglect 

or  refusal,  it  shall  be  the  dut}'  of  the  said  commissioner 

to  remove  said  fence,  and  the  expense  of  said  removal 

shall  be  paid  by,  and  collected  from  said  offender. 


§8.*  Any  person  who  shall  erect  any  building  Buildings 

1 • 1 1 11  • • 11-  projecting 

winch  shall  proiect  into  or  over  the  line  of  any  street  beyond  line 

of  stieets  to 

and  who,  for  twenty  days  after  being  notified  in  writ-  removed. 

ing  by  the  commissioner  of  public  works  to  remove  the 

same,  shall  neglect  or  refuse  to  removt  said  building  samTaUe^r 

notice. 

back  to  the  line  of  the  street,  shall  be  subject  to  a fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  and  to  a like  fine  or  to  a like  imprison,  penaitv 
ment  for  every  twenty-four  hours  .said  building  .shall 
remain  beyond  .said  line  after  .such  notice. 


As  amended. 


3/8 


ORDINANCES  OF 


Crosswalks  § n.  No  person  shall  permit  or  cause  any  horse  or 

to  be  kept  free  r r ^ 

other  animal,  wagon  or  other  vehicle  to  stand  on  any 
crosswalk  in  the  city  for  a longer  time  than  is  neces- 
sary for  a person  to  alight  therefrom,  or  to  get  into  any 
such  vehicle,  nor  except  for  such  purpose.  Any  per- 
son violating  any  of  the  provisions  of  this  section  shall 
be  subject  to  a fine  of  five  dollars  or  to  imprisonment 
in  the  penitentiary  of  the  county  for  ten  da^^s  for  each- 
offense. 


Earth,  etc.,  § lo.  Any  person  who  shall  without  written  per- 

not  to  be  re-  ^ i i 

Sree^tl^w^iSi-  iTiission  froiii  the  mayor  or  commissioner  of  public 

out  permis-  , , . , 

Sion.  works,  dig,  remove  or  carry  away  an}'  stone,  earth, 

sand  or  gravel  from  any  street,  lane  or  public  park  or 
square  in  the  city,  shall  be  subject  to  a fine  of  not  less 
than  five  nor  more  than  fifty  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less  than 
thirty  days  nor  more  than  three  months  for  each  offense. 


Horses  not  to 
be  left  in 
streets  with- 
out being  se- 
curely tied. 


§11.  Any  person  who  shall  leave  any  horse  or 
horses  in  the  street  without  being  securely  tied,  or  who 
shall  hitch  or  fasten  a horse  or  other  animal  to  any 


lamp  post  or  to  any  tree,  or  shall  climb,  whittle,  bruise, 
or  otherwi.se  injure  any  tree,  .shrub  or  fixture  of  any 
kind  in  any  street,  public  .square  or  park  in  the  city, 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more 
than  fifty  dollars,  or  to  impri.sonment  in  the  peniten- 
tiary of  the  county  for  not  le.ss  than  ten  nor  more  than 
thirty  days  for  each  offen.se. 


*As  amended. 


THE  CITY  OF  SYRACUSE. 


379 


§ 12.  Any  person  who  shall  break,  ininre,  deface  or  Persons  not 

to  molest 

molest  any  lamp,  lamp  post,  globe,  burner  or  any  part 
of  a fixture  belonging  to  any  gas  or  oil  lamp  belonging 
to  the  city  of  Syracuse,  or  who  shall  without  authority 
light  or  extinguish  any  gas  or  oil  lamp  in  any  street, 
lane,  alley,  public  square  or  park  within  the  cit}’  of 
Syracuse,  or  who  shall  fasten  any  placard,  handbill.  Handbills 
poster,  or  notice,  or  sign  of  any  kind,  or  any  article  of  famp^p^(?st£ 
goods  or  merchandise  upon  or  against  or  in  any  man- 
ner connect  the  same  with  any  lamp  or  lamp  post  in 
the  city  of  Syracuse,  or  make  any  other  use  of  such 
lamp  or  lamp  post  at  any  time,  shall  be  subject  to  a fine  Penalty, 
of  not  less  than  five  nor  more  than  ten  dollars,  or  to 
imprisonment  in  the  penitentiary  of  the  county  for  not 
less  than  ten  nor  more  than  thirty  days  for  each 
offense. 

§ 13.  Any  person  who  shall  open,  use,  draw  water  aii  persons 

forbidden 

from  or  in  any  manner  interfere  with  any  hydrant  in  opening 
the  city  of  Syracuse,  without  authority  from  the  mayor  hydramsl’^ 

1 ' /-  • r 1 1 w'ithout  per- 

or  chier  engineer  01  the  fire  department ; and  any  per-  mission  of 

mayor,  etc. 

son  who  shall  break,  injure,  deface,  remove  or  in  any 
manner  molest  any  hydrant,  or  any  box,  jacket,  hous- 
ing or  other  covering  to  the  .same,  or  any  part  thereof, 
without  the  like  authority,  shall  be  subject  to  a fine  of 
not  less  than  ten  nor  more  than  twenty-five  dollars,  or 
to  imprisonment  in  the  penitentiary  of  the  county  for  penalty 
not  less  than  ten  nor  more  than  thirty  days  for  each 
offense.  The  authority  herein  referred  to  shall  not  be 
granted  by  such  chief  engineer,  except  for  fire  or  san- 
itary purposes. 


38o 


ORDINAN'CES  OF 


All  persons 
forbidden, 
erecting  build- 
ings, etc.,  upon 
streets,  public 
squares,  &c. 


Penalty. 


C ommissioner 
to  remove 
same  after 
written  notice. 


Additional 

penalty. 


§ 14.*  Any  person  or  persons  who  shall  hereafter 
erect  or  cause  to  be  erected  any  building  or  other 
fixture,  or  place  any  incumbrance  in  or  upon  any  park, 
public  square,  .street  or  alley  within  the  boundaries  of 
the  city,  shall  be  subject  to  a fine  of  not  less  than 
twenty-five  nor  more  than  fifty  dollars,  or  to  imprison- 
ment in  the  penitentiary  of  the  county  for  not  less 
than  thirty  days  nor  more  than  three  months  for  each 
offense,  and  to  a like  fine  or  to  a like  imprisonment, 
for  every  twenty-four  hours  such  building,  fixture  or 
incumbrance  shall  remain  in  or  upon  such  public 
square,  street,  alley  or  park  after  written  notice  to 
remove  the  same  shall  have  been  given  by  the  com- 
missioner of  public  works,  or  any  other  officer  who 
ma}’  be  authorized  by  the  common  council  to  give 
such  notice  ; and  any  person  whose  building,  fixture 
or  incumbrance  does  now  remain  in  or  upon  any  park, 
public  square,  .street  or  alley,  and  who  .shall  neglect  or 
refu.se  to  remove  the  same  within  the  time  specified  in 
the  notice  requiring  its  removal,  shall  be  .subject  to  a 
fine  of  not  less  than  twenty-five  nor  more  than  fifty 
dollars,  or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  thirty  days  nor  more  than 
three  months,  and  to  a like  fine  or  to  a like  imprison- 
ment, for  every  twenty-four  hours  such  building,  fix- 
ture or  incumbrance  .shall  remain  in  or  upon  any  park, 
public  .square,  street  or  alley  after  the  notice  is  given 
as  herein  provided,  and  at  the  expiration  of  the  time 
given  in  said  notice  for  removal,  the  commissioner  of 


*As  amended. 


THE  CITY  OF  SYRACUSE.  38  I 

public  works  shall  have  power,  and  it  shall  be  his  duty 
to  remove  or  cause  to  be  removed  any  such  building, 
fixture  or  incumbrance  now  erected  or  placed,  or  here- 
after erected  or  placed  upon  any  park,  public  square, 
street  or  alley,  and  the  owner  of  said  building,  fixture 
or  incumbrance  shall  be  liable  to  pay  the  expense  of 
such  removal  in  addition  to  the  fine  aforesaid, 

^ 15.  Every  person  who  shall  obstruct,  occup}'  or  obstructions 

not  to  occupv 

use  any  part  of  any  street,  walk,  alley,  public  square  streets,  &c^, ' 
or  other  public  grounds  in  any  other  manner  or  for  J,^'dinances 
any  other  purpose  than  is  authorized  by  law  or 
expressly  permitted  by  the  ordinances  of  this  city,  shall 
in  cases  not  specially  provided  for  by  the  ordinances 
Vje  subject  to  a fine  of  not  less  than  five  nor  more  than  penalty, 
fifty  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  ten  days  nor  more  than 
three  months  for  each  offense. 

^16.  It  shall  be  unlawful  for  any  person  or  per.sons  Transporting 

11  1111  gravel,  rub- 

to  haul  or  transport,  or  cause  to  be  liauled  or  trans-  bish,  etc , 

through  the 

ported  over  or  through  any  of  the  streets  within  the 
city,  any  gravel,  stone,  sand,  dirt,  offal,  manure,  rub- 
bish, shavings,  sawdu.st,  lime  or  other  loose  material 
or  sub.stance  in  any  wagon  or  other  vehicle  which  is  Must  be  in 

tight  convey- 

not  so  constructed  as  to  prevent  the  material  with  anees. 
which  it  may  be  loaded  from  dropping,  sifting  through, 
or  in  any  manner  being  strewn  upon  any  of  said 
streets,  nor  shall  any  person  remove  or  cause  to  be 
removed  fjy  any  vehicle  through  or  upon  any  of 
the  streets  of  the  city  any  of  the  material  named 
herein  and  .so  placed  on  any  such  vehicle  that  the 


382 


ORDINANCES  OF 


Penalty. 


I** 


Sprinkling 

crosswalks 

forbidden. 


Penalty. 


Signal  lights 
not  to  be  dis- 
turbed, etc. 


Penalty. 


same  shall  be  liable  to  fall  from  such  vehicle  upon  any 
of  the  said  streets.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  a fine  of 
not  less  than  five  nor  more  than  ten  dollars,  or  to  im- 
prisonment in  the  penitentiary  of  the  county  for  not 
less  than  ten  nor  more  than  thirty  days  for  each  offense. 
The  police  of  the  city  are  hereby  required  to  enforce 
this  ordinance  and  to  arrest  or  cause  the  arrest  of  any 
person  they  may  find  violating  the  same. 

§ 17.  An}'  person  or  persons  engaged  in  sprinkling 
the  streets  of  the  city,  whether  as  contractor  or  em- 
ployee, who  shall  sprinkle  or  cause  to  be  sprinkled  any 
of  the  crosswalks  on  said  streets  shall  be  subject  to  a 
fine  of  not  less  than  two  nor  more  than  ten  dollars,  or 
to  imprisonment  in  the  penitentiary  of  the  county  for 
not  less  than  ten  nor  more  than  thirty  days  for  each 
offense. 

§ 18.  Any  person  who  shall  extinguish,  destroy  or 
remove  an}'  signal  light  placed  in  or  adjacent  to  any 
street,  alley,  park  or  public  ground  of  the  city  as  a 
warning  of  danger  where  an  excavation  has  been 
made,  or  where  building  material,  dirt  or  other  matter 
has  been  placed  or  remains,  or  which  light  has  been 
placed  to  .show  such  excavation  or  obstruction,  whether 
said  light  has  been  so  placed  by  an  officer  of  or  contractor 
with  the  city,  or  by  any  other  person,  shall  be  subject 
to  a fine  of  not  less  than  five  nor  more  than  fifty  dollars, 
or  to  impri.sonnient  in  the  penitentiary  of  the  county 
for  not  less  than  five  nor  more  than  sixty  days,  or  to 
both  such  fine  and  imprisonment  for  each  offen.se. 


THE  CITY  OF  SYRACUSE. 


383 


§ 19.  No  telegraph  company,  telephone  company,  Telegraph  and 
electric  lighting  company  or  other  person  shall  erect 
any  pole  in  any  of  the  streets,  sidewalks  or  public  mission 

common 

squares  of  the  city  of  S\Tacuse,  or  extend  any  wire  for  council, 
telegraph,  telephone  or  electric  purposes  in,  along  or 
across  any  street  or  public  square  of  said  city,  until 
such  company  or  such  person  shall  first  have  informed 
the  common  council  of  said  city  in  writing  of  its  or  his 
intention  so  to  do,  and  of  the  size  and  height  of  such 
pole  and  the  localit}'  in  which  it  is  proposed  to  place 
the  same,  and  of  the  purpose  for  which  the  same  will  be 
used,  and  of  the  size  and  locality  of  such  wire  and  the 
purposes  for  which  the  same  will  be  used,  nor  until 
the  said  common  council  shall  by  resolution  have 
assented  to  the  proposed  use  and  location  of  such  pole  penalty, 
or  wire.  Any  company  or  person  violating  any  pro- 
vision of  this  section  shall  be  subject  to  a fine  of 
twenty -five  dollars  for  each  offense ; and  any  person 
violating  any  provision  of  this  section  shall  l)e  also 
subject  to  imprisonment  for  not  less  than  ten  nor  more 
than  sixty  days  for  each  offense.  The  police  of  the  city 
are  hereby  required  to  enforce  this  ordinance,  and  to 
arre.st  or  cause  the  arrest  of  any  person  who  shall  be 
found  violating  the  same. 

§ 20."^  Every  person  who  shall  throw,  expose  or  for 

putting  salt, 

place,  or  who  shall  cause  or  procure  to  be  thrown,  etc.,  upon 

streets  to  dis- 

exposed  or  placed,  in  or  upon  any  street,  highway,  or  ^o^^e^snow, 
public  place  of  the  city  of  Syracuse,  any  salt,  saltpetre 
or  any  sub.stance  for  the  purpose  of  dissolving  snow  or 


*As  amended  December  agth,  1890 


Exceptions, 
subject  to 
supervision 
of  commis- 
sioner of 
public 
works. 


384  ORDINANCES  OF 

ice  upon  railroad  tracks,  which  may  have  fallen  or 
been  deposited  thereon,  or  for  any  other  purpose,  shall 
be  guilty  of  a misdemeanor,  and  shall  be  subject  to  a 
fine  of  fifty  dollars  or  to  imprisonment  in  the  peniten- 
tiary of  the  county  for  not  more  than  thirty  da^'S  or 
less  than  ten  days  for  each  offense. 

Provided,  however,  that  salt  may  be  used  by  cor- 
porations operating  the  street  railroads  in  the  cit}’  of 
Syracuse  at  the  following  places ; subject,  however,  to 
the  supervision  and  control  of  the  commissioner  of  pub- 
lic works  of  said  city  as  to  amounts  that  shall  be  so 
used  and  the  times  when  the  same  may  be  used,  and 
the  said  commissioner  may  at  any  time,  b}’  a notice  in 
writing  to  said  corporations,  withdraw  from  them  the 
right  to  use  the  same,  at  any  or  all  of  such  places,  viz ; 

1.  The  grade  on  East  Genesee  street  east  of  Crouse 
avenue  to  University  avenue. 

2.  The  grade  on  Crouse  avenue  from  Madison  to 
Marshall  street. 

3.  The  grade  on  Westcott  street,  south  of  Lexing- 
ton avenue  to  Genesee  street. 

4.  The  grade  on  Lodi  street  south  of  James  street. 

5.  The  grade  on  West  Genesee  street,  west  of  the 
Auburn  division  of  the  New  York  Central  and  Hudson 
River  Railroad. 

6.  The  grade  at  the  south  approach  of  the  W'arren 
street  bridge. 


THE  CITY  OF  SYRACUSE.  385 

7.  The  grade  on  Cortland  avenue,  north  of  city 
line. 

8.  At  turn-tables,  movable  switch  points  and  at 
those  curves  where  grooved  rails  are  used. 

Provided,  further,  that  if  at  any  time  it  shall  seem  Suspension  of 

ordinance. 

to  the  commissioner  of  public  works  essential  to  the 
safe  and  efficient  operation  of  such  street  railroads  that 
salt  in  small  quantities  should  be  used  at  any  place  not 
above  specified,  he  may  permit  the  same  to  be  so  used, 
subject  however,  to  such  restrictions  as  to  quantity  and 
as  to  the  time  during  which  the  same  shall  be  used  as 
may  seem  to  him  proper. 


CHAPTER  XU. 

WEIGHTS  AND  MEASURES. 

Section  i.  Any  person  using  weights,  measures,  sealing- 

...  mark- 

scale  beams  or  steelyards,  in  weighing  or  measuring  ing  of^ 
any  article  intended  to  be  purchased  or  sold  in  the 
city,  or  in  the  weight  or  measurment  of  which  other 
persons  or  the  public  are  interested,  shall  cause  such 
weights,  measures,  scale-beams  or  steelyards  to  be 
sealed  and  marked  by  the  examiner  of  weights  and 
measures,  and  any  person  who  shall  neglect  or  refuse 
to  have  the  same  so  marked  and  sealed  shall  be  subject  Penalty, 
to  a fine  of  five  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  ten  nor  more 
than  thirty  days  for  each  offense. 


386 


ORDINANCES  OF 


Sealer 
to  visit 
markets, 
&c.,  every 
six  months. 


Fees. 


§ 2.  The  examiner  of  weights  and  measures  shall 
have  the  care  and  the  keeping  of  the  public  beam, 
weights  and  measures  provided  for  his  use,  and  the 
same  shall  be  regulated  according  to  the  law  of  the 
State,  and  all  weights,  measures,  scale-beams  and 
steelyards  sealed  and  adjusted  by  him  shall  be  made 
conformable  to  the  standard  of  this  State ; and  the  said 
examiner  shall,  at  least  once  in  every  six  months,  and 
oftener,  if  he  deem  it  necessary,  visit  the  markets, 
stores,  shops  or  other  places  where  weights,  measures, 
steelyards  or  beams  are  kept  and  used,  and  examine 
the  same,  and  also  all  measures  marked  on  any  counter, 
desk,  seat,  or  fixture,  and  in  case  they  be  found  not 
agreeable  to  law  to  report  the  same  to  the  council. 
The  examiner  shall  be  entitled  to  ask  and  receive  from 
the  person  for  whom  such  examination  or  inspection  is 
performed,  at  the  rates  following,  viz ; 

For  inspecting  and  marking  every  beam,  $ .12 
For  inspecting  and  marking  every  beam  if 

brought  to  him 06 

For  inspecting  and  marking  measures  of  ex- 
tension, per  yard 03 

For  any  one  measure,  not  to  exceed  .....  .25 

For  any  one  store,  not  to  exceed 50 

For  examining  and  sealing  weights  of  14 

lbs.  and  upwards 03 

For  examining  and  sealing  weights  of  less 

denomination 01 

For  examining  and  sealing  weights  of  plat- 
form scale  of  1,000  lbs.  and  upwards. . . .25 

For  examining  and  sealing  weights  of  plat- 
form scales  of  two  tons  and  upwards . . . 


1. 00 


THE  CITY  OF  SYRACUSE.  387 

For  examining  and  sealing  measures  (liquid 

or  dry),  of  two  gallons  or  more 04 

For  examining  and  sealing  measures  (liquid 

or  dry),  of  less  than  two  gallons 02 


§ 3.  Any  person  who  shall  neglect  or  refuse  to  pay  Neglecting 

. , r r ^ • r • 1 or  refusing 

said  fees  of  the  examiner  of  weights  and  measures  on  to  produce 

weights  and 

demand,  or  to  produce  any  of  his  weights  or  measures  measures, 
before  the  said  examiner,  shall  be  subject  to  a fine  of 
not  less  than  five  nor  more  than  ten  dollars,  or  to  im-  penalty, 
prisonment  in  the  penitentiary  of  the  county  for  not 
less  than  ten  nor  more  than  thirty  days  for  each 
offense.  It  shall  be  the  duty  of  the  examiner  to  .see 
that  all  retailers  and  .sellers  of  milk,  beer,  ale,  cider 
and  vinegar  in  the  city  do  sell  the  same  by  just  and 
true  measure,  and  all  offenders  in  the  premises  shall  be 
reported  by  him  to  the  police  justice,  who  .shall  cause 
proceedings  forthwith  to  be  instituted  against  such 
offenders. 

§ 4.  The  examiner  shall  make  a regular  register  ofseaier 

to  make 

the  weights,  mea.sures  and  beams  inspected  by  him,  in  a register, 
which  he  shall  record  the  names  of  the  persons  own- 
ing the  same,  and  the  fact  whether  the  same  are  con- 
formable to  the  standard  of  this  State,  and  it  .shall  not 
be  lawful  for  him  to  collect  the  fees  mentioned  afore- 
said more  than  once  in  each  year,  unless  the  weight, 
measure,  steelyard  or  scale-beams  shall  be  found  on 
the  second  examination  not  to  be  in  conformity  with 
the  standard  of  the  State.  The  examiners  shall  be 
entitled  to  a rea.sonable  compen.sation  for  making  any 
beam,  weight  or  measure  conform  to  the  established 


388 


ORDINANCES  OF 


Penalty. 


Place 

designated 
for  the  sale 
of  wood. 


Penalty. 


standard.  When  such  beam,  weight  or  measure  is  not 
conformable  to  the  standard  the  examiner  shall  desig. 
nate  some  place  in  the  city  where  the  owner  shall 
send  the  same  to  be  adjusted,  and  if  the  owner  shall 
neglect  or  refuse  to  do  so,  such  owner  shall  be  subject 
to  a fine  of  not  less  than  five  nor  more  than  ten  dol- 
lars, or  to  imprisonment  in  the  penitentiary  of  the 
county  for  not  less  than  ten  nor  more  than  thirty  days 
and  to  a like  fine  or  to  a like  imprisonment  for  every 
twenty-four  hours  he  shall  continue  such  neglect  and 
refusal  after  the  first  conviction. 


CHAPTER  XLII. 

WOOD. 

Section  i.  Any  person  exposing  wood  for  sale 
within  the  city  by  the  cart,  wagon  load  or  sleigh  load, 
shall  offer  the  same  upon  the  south  side  of  Ha3miarket 
square  and  upon  no  other  public  square,  street,  alley 
or  place  within  the  city  (except  in  the  First  ward). 
No  cart,  wagon  or  sleigh  or  other  load  of  wood  shall 
be  offered  for  sale,  unless  it  shall  have  been  measured 
by  a person  appointed  for  that  purpose  b}^  the  com- 
mon council,  and  his  certificate  obtained  of  the  amount 
of  wood  contained  in  such  load.  An}'  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to 
a fine  of  not  less  than  two  nor  more  than  ten  dollars, 
or  to  imprisonment  in  the  penitentiary  of  the  county  \ 
for  not  less  than  five  nor  more  than  thirty  days  for 


THE  CITY  OF  SYRACUSE. 


389 


•each  offense.  Upon  Haymarket  square  the  teams 
shall  stand  on  a line  north  of  the  north  line  of  Bridge 
street,  the  teams  to  be  headed  north.  Any  load  of 
wood  entering  upon  said  Haymarket  square,  desig- 
nated as  the  place  for  the  sale  of  wood,  shall  be  consid- 
ered as  offered  or  exposed  for  sale,  and  shall  be  at  once 
subject  to  the  provisions  of  this  chapter. 

§ 2.*  The  stand  for  the  sale  of  wood  as  aforesaid  charge  of 

wood  stand. 

shall  be  in  special  charge  of  the  wood  measurer,  the 
commissioner  of  public  works,  and  the  chief  of  police. 

Any  person  who  shall  neglect  or  refuse  to  locate  his  penalty, 
team  or  load  as  provided  in  this  chapter,  or  as  may  be 
required  by  the  wood  measurer  or  the  commissioner  of 
public  works,  or  any  policeman  or  other  officer  of  the 
city,  shall  be  subject  to  a fine  of  not  le.ss  than  five  nor 
more  than  ten  dollars,  or  to  imprisonment  in  the  peni- 
tentiary of  the  county  for  not  less  than  five  nor  more 
than  thirty  days  for  each  offense,  and  such  team  or 
load  may  be  removed  by  the  commissioner  of  public 
works,  or  other  of  said  officers. 

§ 3.  The  common  council  shall  appoint  annually  a wood 
wood  measurer,  whose  special  duty  it  shall  be  at  all  his  duties, 
reasonable  times  to  be  in  attendance  at  Haymarket 
square  and  measure  every  load  of  wood  brought  upon 
said  square,  and  give  the  person  in  charge  of  ever}’ 
load  of  wood  so  measured  a certificate  of  such  measure- 
ment, stating  the  amount  contained  in  such  load, 

.signed  by  him  as  wood  measurer,  before  the  same  may 


*As  amended. 


Penalty. 


To  report 
to  common 
council. 


Vacancy — 
mavor  may 
fill; 


Water 
department 
shall  make  all 
connections 
■with  mains 
and  pipes.' 


390  ORDINANCES  OF 

be  exposed  for  sale ; and  for  ever>^  load  of  wood  not 
exceeding  three  cords  measured  by  him,  he  shall  be  en- 
titled to  charge  five  cents,  and  for  every  load  of  wood 
containing  more  than  three  cords  he  shall  be  entitled 
to  charge  only  three  cents  per  cord,  the  payment  to  be 
made  by  the  owner  or  person  having  the  wood  in 
charge.  No  wood  shall  be  exposed  for  sale  on  said 
Haymarket  square  without  having  been  first  measured 
by  said  wood  measurer.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  subject  to  a fine 
of  not  less  than  five  nor  more  than  twenty-five  dollars,, 
or  to  imprisonment  in  the  penitentiary  of  the  county 
for  not  less  than  ten  nor  more  than  thirty  days  for  each 
offense. 

§ 4.  It  shall  be  the  duty  of  the  wood  measurer  to 
keep  a record  of  every  load  of  wood  by  him  measured, 
and  to  make  quarterly  reports  of  the  total  number  of 
cords  so  measured  to  the  common  council.  If,  by 
reason  of  sickne.ss  or  otherwise,  such  wood  measurer 
shall  be  prevented  from  attending  to  his  duties  in  this 
chapter  specified,  the  mayor  may  appoint,  temporarily 
a fit  person  in  his  place,  until  the  inability  of  such 
measurer  shall  be  removed. 

CHAPTER  XLIII. 

WATER. 

Section  No  person  except  a regular  employee  \ 
of  the  water  department,  shall  make  any  attachment 

-’^As  adopted  May  23rd,  1892. 


THE  CITY  OF  SYRACUSE. 


39T 

to,  or  connection  with  the  pipes  of  the  city  water  works, 
or  make  any  additions  to  or  alterations  of,  any  tap,  pipe, 
cock,  or  other  fixture  connected  with  the  pipes  supply- 
ing water  to  consumers  from  said  water  works;  or  service  pipes 

, . . to  be  laid 

make  or  insert  any  tap  therein,  or  lay  any  service  pipe  by  licensed 

^ ^ ^ plumbers. 

connected  therewith,  unless  such  person  shall  be 
licensed  as  a plumber  by  the  water  department.  Any  penalty, 
person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a fine  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  each  offense. 


§ 2.  No  person  except  a regular  employee  of  the  permission 

from  water 

water  department  shall  open  any  trench  in  the  streets  department;;  ^ 
or  public  grounds  of  the  city  for  the  purpose  of  laying  open  strict 'for 
any  service  connection  with  the  water  works  of  the  connections, 
city  without  first  obtaining  a written  or  printed  permit 
from  the  water  department. 

§ 3.  Plumbers  doing  business  in  connection  with  plumbers  in 

employ  of 

the  City  water  works  will  be  considered  as  the  agents  water  depart- 
of  the  persons  employing  them  in  such  work,  and  will 
not  in  any  case  be  recognized  as  in  any  sense  the 
agents  of  the  Syracuse  water  board,  or  of  the  City  of  Board  not 

responsible 

Syracuse;  neither  will  said  board  or  said  city  be  their  acts, 
responsible  for  the  acts  of  such  plumbers. 

§ 4.  Any  person  who  shall  take  water  for  supplying  sprinkling  ' 

carts. 

sprinkling  carts  from  any  .street  hydrant  not  de.sig- 
nated  in  the  permit  i.ssued  to  him,  without  special  per- 
mission from  the  water  department,  shall  be  .subject  to 
a fine  of  five  dollars  for  each  offense. 


392 


ORDINANCES  OF 


Persons  liable  § 5.  No  person,  except  an  authorized  agent  or  em- 

to  fine,  etc., 

for  disturb-  ployee  of  the  water  department,  or  the  fire  department, 
hydrants.  ^ person  permitted  by  the  water  department  to  take 

water  for  sprinkling  streets,  shall  disturb  any  street 
hydrant,  or  any  part  thereof,  or  take  any  water  there- 
from, under  any  circumstances  whatever;  and  any 
person  violating  any  provision  of  this  section  shall  be 
Penalty.  subject  to  a fine  of  not  le.ssthan  ten  dollars  nor  more  than 
twenty-five  dollars,  or  to  imprisonment  in  the  Onon- 
daga county  penitentiary  for  not  less  than  ten  or 
more  than  thirty  days,  or  both  such  fine  and  imprison- 
ment, and  in  addition  thereto  he  shall  pay.  the  amount 
of  any  damage  done  to  said  hydrant,  or  the  cost  of  res- 
toring the  same  to  its  proper  condition. 


HoWers  of  ^ 6-  In  case  any  damage  or  injury  is  done  by  any 

sprinkling 

permits  liable  persoii  taking  Water  from  a street  hydrant  for  street 

tor  damages  ^ ° 

to  hydrants,  sprinkling  the  holders  of  the  permit  for  said  sprinkling 
shall  pay  the  cost  of  the  same,  on  demand,  to  the 
department ; and  in  case  of  refusal  or  neglect  to  pay 
the  same,  his  permit  shall  be  revoked,  and  no  further 
permit  shall  be  i.ssued  to  him  or  to  any  person  for  his 
benefit,  or  to  any  person  employing  him  or  whom  he 
employs,  till  the  said  sum  shall  be  paid. 


. . § 7.  It  shall  be  the  duty  of  all  officers  and  employees 

HlfdLd’of^  of  the  fire  department,  police  department,  water  de- 
by’^honi.  partiiieiit,  and  all  plumbers  licensed  by  the  water 
department,  to  immediately  notify  the  water  depart- 
ment of  damage  or  injury  to  any  street  hydrant,  or  the 
removal  or  displacement  of  any  part  thereof. 


THE  CITY  OF  SYRACUSE. 


393 


§8.  Water  must  not  be  allowed  to  run  to  prevent  Patrons  must 

comply  with 

freezing  in  the  service  pipes  or  their  attachments  or  for  Ssfng  Uater 
the  purpose  of  flushing  soil  pipes  or  otherwise,  or  for 
the  purpose  of  procuring  cooler  water,  or  for  any  other 
purpose  than  those  indicated  in  the  application  or  per- 
mit for  the  same  and  which  are  allowed  by  the  Rules 
of  the  water  board  unless  the  supply  shall  be  through 
a meter.  Any  person  violating  the  provisions  of  this  penalty, 
section  will  be  subject  to  a fine  of  five  dollars  for 
each  offense. 

§ 9.  The  curb  cock  controlling  any  service  shall  not  Disturbing- 

curb  cock 

be  opened  or  left  open  by  the  plumber,  or  anv  other  P’ohibited  by 

'■  ' persons  other 

person,  after  connecting  said  service  with  the  street  g^^pioyees, 
main,  or  after  making  any  new  extension  or  attach- 
ment in  unoccupied  premises,  so  that  the  water  may 
be  supplied  to  said  premises  by  said  service,  without  a 
formal  permit  from  the  department,  except  in  cases 
where  the  work  is  a simple  extention  or  additional 
attachment  in  premises  where  the  water  is  then  in  use 
and  where  a permit  has  been  duly  obtained  to  make 
the  same.  Any  person  violating  any  provision  of  this  Penalty, 
section  will  be  subject  to  a fine  of  five  dollars  for  each 
offense,  and  in  addition  thereto  shall  be  subject  to  a 
revocation  of  the  plumber’s  license,  in  the  discretion 
of  the  water  board. 

§ 10.  The  officers  of  the  water  department,  their  persons  in 

, . 1111  • service  of 

agents  and  assistants,  shall  have  access  to  the  premises  water  depart- 
ment shall 

of  any  water  taker,  at  any  reasonable  time,  to  examine  to 

the  pipes  and  fixtures  and  the  quantity  of  water  used, 
and  the  manner  of  its  use,  and  in  case  of  fraudulent 


394 


ORDINANCES  OF 


In  case  water 
supply  is 
cut  off. 


Requirements 
for  auto- 
matic fire 
e xtinguishers. 


Penalty. 


Openings  in 
streets  must 
be  guarded 
and  signal 
lights  put  up. 


representation  on  the  part  of  any  water  taker,  or  unnec- 
essary waste  of  water,  or  entrance  upon  said  premises 
as  provided  for  in  this  ordinance  shall  be  refused,  the 
water  will  be  shut  off.  In  case  the  supply  of  water  is 
shut  off  as  provided  in  this  section,  all  moneys  that 
have  been  paid  to  the  water  department  by  the  taker 
shall  belong  to  the  city. 

§ II.  All  stand  pipes  or  other  pipes  for  the  auto- 
matic extinguishment  of  fires  which  are  attached  to 
the  water  supply  must  be  provided  with  suitable  valves 
outside  of  the  building  under  the  exclusive  control  of 
the  water  department.  A valve  must  be  provided, 
placed  at  the  bottom  of  the  standpipe  and  at  each  hose 
opening,  which  valves  shall  be  sealed  by  the  water 
department,  and  any  person  breaking  the  seal  so  placed 
for  the  purpose  of  extinguishment  of  fire  shall  imme- 
diately thereafter  give  notice  at  the  office  of  the  water 
department.  Any  person  violating  the  foregoing  pro- 
visions of  this  section  will  be  subject  to  a fine  of  twenty- 
five  dollars  for  each  offense.  And  in  case  such  seal  shall 
be  broken  for  any  other  purpose  or  use,  or  any  tap  be 
introduced  into,  or  connection  be  made  with  such  pipe, 
the  party  offending  shall  be  subject  to  a fine  of  not 
exceeding  two  hundred  dollars. 

§ 12.  Whenever  any  street  or  public  ground  is 
opened  for  making  any  connection  with  or  laying  any 
water  pipe  or  fixtures,  public  safety  and  convenience 
shall  be  dul}'  regarded  and  conserved  by  the  construc- 
tion of  such  bridges  across  such  trench  as  may  be 


THE  CITY  OF  SYRACUSE. 


395 


required  to  accommodate  the  public  safety  and  business 
and  that  of  adjacent  owners ; suspension  of  red  signal 
lights  and  all  other  such  means  of  protection  as  may 
be  required  by  a properly  authorized  officer  or  em- 
ployee of  the  water  department.  Any  person  violating  Penalty, 
any  provision  of  this  section  will  be  subject  to  a fine  of 
twenty-five  dollars  for  each  offense. 

§ 13.  Back  filling  of  any  service  trench  in  any  street  Back-filling- 

and  pave- 

or  public  ground  shall  not  be  commenced  until  the  ser-  i^ents  to  be 

^ ® put  m good 

vice  .shall  be  inspected  and  accepted  b}’  .some  agent  of 
the  water  department.  Such  back  filling  shall  be 
firmly  settled  with  rammers  or  pounders,  to  such  an 
extent  that  all  the  earth  which  has  been  taken  from 
the  trench  shall  be  fully  replaced  therein  and  not  left 
rounded  above  the  surface  of  tlie  street,  and  in  ca.se 
the  trench  will  receive  more  earth  than  was  obtained 
from  the  excavation  therefrom,  then  other  material  of 
a proper  and  suitable  quality,  .shall  be  furnished  and 
pounded  in  and  the  pavement  or  other  surface  im- 
provement shall  be  replaced  within  twenty-four  hours 
from  the  time  the  excavation  is  made,  (except  in  case 
the  pavement  to  be  replaced  is  asphalt,  when  a further 
reasonable  time  will  be  allowed),  and  the  .street  shall 
be  left  in  as  good  and  satisfactory  condition  as  before 
excavation  was  begun. 

All  refuse  or  surface  earth,  timbers,  stone,  or  other  refuse  &c. 
material  shall  h)e  fully  and  entirely  removed  from  the  removS 

from  streets. 

street  immediately  by  the  owner  or  his  plumber,  and 
if  not  so  removed  it  may  be  done  by  the  department 
at  the  owner’s  expense. 


Provisions 
where  work  is 
not  properly 
done. 


Meters  shall 
not  be  dis- 
turbed. 


Penalty. 


Owners  of 
premises  to 
provide  access 
to  meters. 


When'water 
has  been 
turned  off. 


Penalty. 


Water  can  not 
be  supplied  to 
neighboring? 
premises. 


396  ORDINANCES  OF 

If  a water  service  trench  is  not  properly  filled  as 
provided  by  this  .section,  or  if  it  settles  thereafter,  the 
water  department  may  cause  it  to  be  repaired  without 
notice,  and  if  such  repairs  become  nece.ssary  wdthin  a 
period  of  six  months,  the  cost  of  the  same  shall  be 
charged  to  and  collected  of  the  plumber,  and  if  he  shall 
fail  to  pay  the  same  promptly  on  demand  his  license 
may  be  revoked.  In  estimating  the  said  period  of  six 
months  the  period  between  the  15th  of  November  and 
the  1 5th  of  April  shall  not  be  included. 

§ 14.  No  meter  shall  be  removed  or  disturbed 
without  permission  from  the  officers  or  agents  of  the 
w^ater  department.  Any  violations  of  this  section  shall 
subject  the  person  violating  the  .same  to  a fine  of  not 
exceeding  ten  dollars  for  each  offen.se. 

§ 15.  The  owner  of  premises  and  tenants  shall  pro- 
vide ready  and  convenient  access  to  the  meter  so  that 
it  may  be  frequently  read  and  examined  by  the  agents 
of  the  water  department. 

§ 16.  Whenever  water  has  been  turned  off  for  non- 
payment of  rents,  or  for  purpo.se  of  repair  or  con.struc- 
tion  or  for  any  other  proper  or  nece.s.sary  reason,  no 
person  will  be  permitted  to  turn  it  on  again  who  is  not 
authorized  .so  to  do  by  the  proper  officer  of  the  water 
department.  The  violation  of  this  .section  shall  sub- 
ject such  person  to  a fine  of  five  dollars  for  each  offen.se. 

^17.  No  water  taker  will  be  allowed  to  supply 
water  in  any  manner,  or  through  any  fixtures  or 
device  whatever,  to  the  occupants  of  neighboring 


THE  CITY  OF  SYRACUSE. 


397 


premises  of  any  description,  except  by  special  permit 
from  the  water  department,  and  if  found  doing  so  the 
water  will  be  turned  off  and  the  water  rents  already 
paid  become  forfeited,  unless  said  water  taker  shall  at 
once  pay  to  the  water  department  the  schedule  rates 
for  the  water  so  furnished,  and  the  person  so  violating  penalty, 
this  section  shall  be  subject  to  a fine  of  not  exceeding 
four  dollars  for  each  offense. 

§ 1 8 . Hose  attachments  to  the  city  water  works  for  Regulations 

for  hose 

lawn  and  garden  sprinkling  shall  be  used  as  follows : attachments. 

a.  The  hose  used  for  sprinkling  must  have  an  inside 
diameter  of  not  exceeding  three  quarters  of  an  inch  and 
the  nozzle  shall  have  an  orifice  of  not  exceeding  one 
quarter  of  an  inch,  and  the  use  of  leaky  or  defective 
hose  is  prohibited. 

b.  Sprinkling  with  hose  will  be  allowed  onh'  from 
May  I St  to  November  ist,  and  not  to  exceed  three 
hours  each  day,  and  while  in  use  the  hose  must  be 
held  in  the  hand. 

c.  No  person  will  be  allowed  to  sprinkle  opposite  or 
adjoining  premises,  nor  use  the  water  from  the  street 
hose  attachment  or  through  said  hose,  for  any  purpose 
not  authorized  by  the  terms  agreed  upon  with  tlie 
water  department. 

d.  Fountain  sprinklers  or  hose  attachments  set  up 
as  jets,  or  kept  running,  will  be  prohibited,  except 
when  charged  for  at  fountain  rates. 


398 


ORDINANCES  OF 


Penalty  for 
violations. 

e.  A violation  of  any  of  the  foregoing  provisions  of 
section  17  will  subject  the  owner  or  occupant  of  the 
premises  to  a fine  of  five  dollars  for  each  offense, 
except  in  case  where  the  water  used  is  passed  through 

a meter. 

Fountains. 

§ 19.  All  sprinkling  attachments  not  held  in  the 
hand  when  in  use,  shall  be  classed  as  fountains  and 
fountain  jets  and  so  charged. 

Penalties 
in  general, 

§ 20.  Any  person  violating  any  of  the  above  ordi- 
nances, except  where  a penalty  in  named  therein,  shall 
be  subject  to  a penalty  of  five  dollars  for  each  and 
every  offense,  and  any  person  or  persons  having  vio- 
lated any  of  the  foregoing  ordinances  and  refusing  or 
neglecting  to  pay  the  fine  or  fines  imposed  therein, 
shall  stand  committed  until  such  fine  or  fines  are  paid. 

§21.  All  ordinances  or  parts  of  ordinances  conflict- 
ing with  any  provisions  of  these  ordinances  are  hereby 
repealed  when  the  present  ordinances  become  in  force. 

Must  obtain 
license. 

CHAPTER  XLIV. 

JUNK  DEAUEKvS. 

Section  i.*  No  person,  corporation,  member  or 
members  of  a co-partnership  or  firm,  shall  engage  in 
and  carry  on  the  business  of  junk  dealer,  without  first 
obtaining  a license  so  to  do,  under  the  provisions  of 

As  adopted  June  26th,  1893. 


THE  CITY  OF  SYRACUSE. 


399 


this  chapter,  nor  shall  continue  in  such  business,  after 
their  license  may  have  been  revoked.  Any  person  penalty, 
violating  an}'  provision  of  this  .section  shall  be  subject 
to  a fine  of  not  less  than  twenty-five  nor  more  than 
fifty  dollars,  or  to  imprisonment  in  the  penitentiary  of 
the  county  for  not  less  than  thirty  days  nor  more  than 
three  months,  for  each  offense.  The  Mayor  ma}-  grant  Mayor  to 

grant  license. 

to  any  person  applying  therefor  and  producing  satis- 
factory evidence  of  good  character,  a licen.se  to  carry  on 
the  business  of  junk  dealer,  which  license  shall  expire  licenses  to 

expire  on 

upon  the  the  fifteenth  day  of  April,  next  after  the  ^5- 
granting  thereof. 

All  licenses  shall  be  signed  b}'  the  mayor  and  city 
clerk,  and  the  person,  corporation  or  firm,  to  whom  a 
licen.se  may  be  issued,  .shall  pay  therefor  to  the  city 
clerk,  for  the  u.se  of  the  city  of  Syracuse  not  less  than<^ostof 

license. 

two  nor  more  than  twenty-five  dollars.  The  mayor  Mayor  may 

revoke  same. 

shall  have  power  to  revoke  such  license,  at  any  time, 
upon  the  reque.st  of  the  chief  of  police . 

§2.  All  junk  dealers  .shall  keep  a record  of  every  junk  dealers 

shall  keep 

article  purchased,  showing  the  name  and  residence  of  record,  etc. 

the  person  from  whom  such  article  was  purchased,  the 

price  paid,  and  the  date  of  such  purcha.se.  Such  record  such  record 

open  for 

must  be  open,  at  all  times  to  the  inspection  of  the  inspection, 
mayor  and  chief  of  police,  or  any  per.son  authorized  by 
either  of  them  in  writing,  and  any  article  or  thing 
purchased  shall  be  exhibited  on  demand  of  either  of 
said  officers  or  such  authorized  person.  No  goods  or  Time,  and 

from  whom 

articles  shall  be  purchased  from  any  minor  pensoii,  ^ioods  can  be 

^ r > purchased. 


400 


ORDINANCES  OF 


Vehicles  used, 
must  have 
name,  etc., 
of  owner 
thereon. 


In  case  of  ad- 
vertised 
stolen  goods. 


Shall  not 
receive 
articles  as 
pledges. 

Place  of 
business 
must  be 
stated  in 
license. 


Junk  dealer- 
term  defined. 


Penalty. 


apprentice,  or  servant,  nor  shall  any  goods  be  pur- 
chased after  sunset  and  before  seven  o’clock  in  the 
morning. 

All  wagons,  or  carts  used  by  junk  dealers  in  the 
prosecution  of  such  business,  shall  have  plainly 
painted  upon  each  side,  in  letters  and  figures  not  less 
than  one  and  one-half  inches  in  length,  the  name  or 
names  of  the  owners,  their  places  of  business  and 
license  number.  If  an}'  junk  dealer  have  in  his  pos- 
session any  goods  or  articles  which  shall  have  been 
advertised  as  lost  or  stolen,  he  shall  immediately  notify 
the  chief  of  police  of  the  fact. 

No  junk  dealer  shall  receive  or  hold  a license  as  a 
pawnbroker,  nor  receive  any  article  as  a pledge  or 
pawn.  The  place  of  business  of  junk  dealers  shall  be 
stated  in  the  license,  and  such  license  shall  not  be 
valid  for  use  in  a different  location,  except  by  writ- 
ten permission  of  the  mayor. 

Any  person,  corporation,  member  or  members  of  a 
co-partnership  or  firm,  buying,  selling  or  dealing  in  old 
rope,  rags,  old  iron,  brass,  copper,  lead,  zinc  or  an}^ 
article  or  thing,  which  from  its  worn  condition  renders 
it  useless  for  the  purpose  for  which  it  is  made,  is 
hereby  declared  and  defined  to  be  a junk  dealer.  Any 
person  violating  any  of  the  provisions  of  this  .section 
.shall  be  subject  to  a fine  of  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars,  or  to  impri.sonnient 
in  the  penitentiary  of  the  county  for  not  less  than  thirty 
days  nor  more  than  three  months,  for  each  offen.se. 


THE  CITY  OF  SYRACUSE. 


401 


CHAPTER  XLV. 

BILL  POSTING  AND  BILL  DISTRIBUTING. 

Section  i.  The  mayor  of  the  city  of  Syracuse  may  ^i^yor  to 
grant  to  any  resident  of  the  state  of  New  York,  or  any 
corporation  duly  organized  under  the  laws  thereof, 
that  shall  apply  to  him  therefor  in  writing  a license  to 
engage  in  and  carry  on  in  the  city  of  Syracuse,  the 
business  of  bill  posting,  bill  distributing,  sample  distri- 
bution for  advertising  purposes,  and  sign  advertising, 
or  either  or  all  of  such  occupations  which  license  shall 
expire  on  April  15th,  next  after  the  date  of  issue 
thereof. 

§ 2.  Every  licensee  under  the  provisions  of  this  ordi- 
nance shall  pay  to  the  city  clerk  on  the  delivery  of  the 
license  duly  granted  to  him  as  follows ; 

{a.')  For  a bill  poster’s  license  which  shall  authorize  Cost  of 

licenses. 

the  carrying  on  of  all  the  occupations  named  in  section 
I of  this  chapter,  the  sum  of  forty  dollars. 

ib.')  For  a bill  distributor’s  license  which  .shall 
authorize  the  distribution  of  bills,  circulars,  pamphlets, 
notices,  or  samples  or  other  articles  used  to  advertise  a 
particular  business,  exhibition,  entertainment,  excur- 
sion or  other  matter  or  thing,  the  sum  of  twenty-five 
dollars, 

3.  Every  applicant  for  a license  under  the  provis-  Bond 

. - , . , required. 

ions  of  this  ordinance  shall  present  to  the  mayor  at  the 
time  of  making  the  application  for  such  license  a bond 


402 


ORDINANCES  OF 


Fees  to  be 
charged  by 
licensees. 


License 

^necessary. 


in  the  penal  sum  of  one  thousand  dollars,  executed  by 
the  party  making  the  application  with  at  least  two 
sureties,  residents  of  Onondaga  county,  and  said  bond 
to  be  approved  by  the  mayor  and  conditioned  for  the 
faithful  observance  of  the  ordinances  of  the  city,  especi- 
ally the  faithful  performance  of  the  duties  and  obliga- 
tions hereby  imposed  upon  the  said  licensee. 

§ 4.  No  person  or  corporation  to  whom  a license 
shall  be  granted  as  herein  provided  shall  charge  or 
receive  more  than  the  following  prices  for  the  distri- 
bution of  bills,  circulars,  samples  and  advertisements 
and  the  posting  of  bills,  to  wit : 

Posting  bills  for  one  week  for  any  show,  entertain- 
ment or  business,  three  cents  per  sheet. 

Distributing  almanacs,  pamphlets  or  books  to  private 
houses,  $1.50  per  thousand. 

Distributing  bills,  circulars  or  notices  to  private 
houses,  $1.25  per  thousand. 

Distributing  bills,  circulars  or  notices  to  business 
houses  and  offices,  $1.00  per  thousand. 

§ 5.  No  person  or  corporation  shall  engage  in  or 
carry  on  the  business  of  bill  posting,  bill  distributing, 
sign  advertising,  or  the  di.stribution  of  samples  or 
other  articles  for  advertising  purposes  in  the  city  of 
Syracuse  without  having  previously  obtained  a license 
.so  to  do  under  the  provisions  of  this  chapter. 


THE  CITY  OF  SYRACUSE. 


403 


§ 6.  No  person  shall  scatter  or  throw  upon  the  Careless 

distribution 

•streets,  public  squares,  sidewalks  or  alleys  of  said  city,  forbidden, 
posters,  hand-bills,  advertisements  or  papers  of  any 
kind,  and  nothing  herein  contained  shall  be  construed 
to  authorize  any  person  or  persons  to  obstruct  the 
streets,  sidewalks  and  alleys  of  said  city,  or  create  any  Papers  not  to 

be  thrown 

nuisance  therein,  or  to  prevent  the  posting  of  notices 
required  by  law. 

§ 7.  Nothing  herein  contained  shall  be  construed  to  Merchants 
prevent  merchants  and  other  residents  of,  and  doing  prfvUeged^"^ 
business  in  the  city  of  Syracuse,  from  distributing  bills 
or  advertising  the  business  in  which  they  are  directly 
engaged,  nor  shall  anything  herein  contained  be  con- 
strued to  prevent  any  religious,  benevolent,  labor  or 
social  organization  of  the  city  of  Syracuse  from  distrib- 
uting bills  for  advertising  its  meetings,  entertainments, 
excursions  or  assemblies,  subject  to  the  restrictions  con- 
tained in  Section  6 of  this  chapter. 

§ 8.  Any  violation  of  the  provisions  of  this  ordinance  Penalty, 
.shall  be  deemed  a misdemeanor,  and  any  person  upon 
conviction  thereof  shall  be  punishable  by  a fine  of  not 
le.ss  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars,  and  in  default  of  the  payment  of  such 
fine,  such  person  so  convicted  shall  be  imprisoned  in 
the  Onondaga  County  Penitentiary  for  a term  not  to 
exceed  one  hundred  days. 

§ 9.  All  ordinances  and  re.solutions  of  the  common 
•council  inconsistent  with  the  provisions  of  this  ordi- 
nance are  hereby  repealed. 


\ 


SUPPLEMENT 


FOR 


1H04.. 


OI^F"IOE>P^» 


OF  THE 

CITY  GOVERNMENT 

FOR 

1894. 


J/ajor— JACOB  AMOS. 

Cifj^  Clerk — Henry  F.  Stephens. 

City  Treasurer — Patrick  R.  Quinlan. 

City  Engmeer — Henry  C.  Allen. 

Corporation  Council — Charles  E.  Ide. 

Coni,  of  Public  Works — H.  B.  Johnson. 

President  of  Common  Council — Robert  Ballard-. 


Aldermen. 


I.  John  Leahey. 

II.  Philip  Miller. 

III.  Frank  Matty. 

IV.  Lewis  F.  Weaver,  M.  D. 

V.  Peter  J.  Mack. 

VI.  Charles  H.  Candee. 

VII.  George  Freeman. 

VIII.  PvUgene  J.  Mack. 

IX.  George  A.  Ball. 

X.  William  J.  Nairn. 


XL  Robert  Ballard. 

XII.  Richard  Otto. 

XIH.  Leonard  S.  Hamson.. 

XIV.  Euerard  A.  Hill. 

XV.  John  Regan. 

XVI.  Peter  Kappesser. 

XVII.  Patrick  J.  McMahon.. 
XVHI.  Udelmer  C.  Adams. 
XIX.  John  J.  Murray. 


CHARTER  AMENDMENTS 


CHAPTER  636,  LAWS  OF  1894. 


(became  a law  may  10,  1894.) 

Sections  103,  105,  106  and  180  of  the  City  Charter 

WERE  AMENDED  TO  READ  AS  FOLLOWS,  VIZ  : 

§ 103.  I.  For  the  expenses  of  lighting  the  streets 
and  public  places  of  the  city,  a sum  not  exceeding 
eighty-five  thousand  dollars. 

2.  For  the  expense  and  support  of  the  police  depart-  poUce 

T . department. 

ment,  a sum  not  exceeding  ninety  thousand  dollars. 

§ 105.  I.  For  repairing  bridges  and  sewers,  and  p^idges, 
repairing  and  cleaning  streets,  a sum  not  exceeding  sfreet^ 
sixty-five  thousand  dollars. 


2.  To  defray  the  city’s  share  of  local  improvements.  Local  im. 
a sum  not  exceeding  twenty-five  thousand  dollars.  provemei 

3.  To  defray  the  expenses  of  the  support,  construe-  Barks, 
tion,  improvement  and  maintenance  of  the  parks  of  the 
city,  including  salaries,  a sum  not  exceeding  twenty 
thousand  dollars. 


4.  To  defray  the  ordinary  and  contingent  expenses  ordinary 

and  contin- 

of  the  city,  including  interest  on  temporary  loans;  the  gent  expenses, 
payment  of  judgments  and  the  adjustment  of  claims; 
the  expenses  of  the  board  of  health ; the  expenses  of 


Limitation 
of  tax. 


Tax  for 

school 

houses. 


Limitation. 


School 
apparatus, 
books,  etc. 


408  CHARTER  AMENDMENTS. 

the  poor  department ; the  expenses  of  the  police  court ; 
salaries  and  all  other  miscellaneous  expenses,  a sum 
not  exceeding  one  hundred  and  thirty-five  thousand 
dollars. 

§ 106.  The  aggregate  of  the  annual  tax  levy,  exclu- 
sive of  local  assessments,  shall  not  in  any  one  year 
exceed  the  sum  of  eight  hundred  and  eighty-four 
thousand  dollars  for  all  purposes. 

§ 180.  The  common  council  shall  have  the  power 
and  it  shall  be  their  duty  to  raise  each  year,  by  tax  up- 
on the  real  and  personal  estate  of  the  city  which  shall 
be  liable  to  taxation  for  ordinary  city  taxes,  or  for 
county  or  city  charges,  in  addition  to  the  amount  of 
school  moneys  now  or  hereafter  appropriated,  as  pro- 
vided by  law  for  common  schools  in  the  city,  such 
sums  as  may  be  determined  by  the  Common  Council 
to  be  necessary  or  proper  for  any  or  all  of  the  following 
purposes  : 

1.  To  purchase,  lease  or  improve  sites  of  or  for 
school-houses ; build,  purchase,  lease,  enlarge,  alter, 
improve  or  repair  schoolhouses  and  their  out-houses 
and  appurtenances;  but  the  amount  raised  in  any 
one  year  for  such  purposes  shall  not  exceed  the  sum 
of  twenty-five  thousand  dollars. 

2.  To  purcha.se,  exchange,  improve,  and  repair 
school  apparatus,  books,  [furniture,  and  appendages ; 
but  the  power  herein  granted,  shall  not  be  allowed  to 
authorize  the  furnishing  of  cla.ss  or  text  books  for  any 


CHARTER  AMENDMENTS. 


409 


scholar  whose  parents  or  guardian  shall  be  able  to 
furnish  the  same,  except  in  and  for  the  primary  de- 
partment. 

3.  To  procure  fuel  and  defray  the  expenses  of  the  Fuel  and 

Library. 

common  schools,  and  the  expenses  of  the  Central  City 
librar}^  and  the  several  school  libraries. 

4.  To  pay  the  wages  of  teachers  due  after  the  ap- 
plication  of  the  public  money,  which  may  by  law  be 
appropriated  and  provided  for  that  purpose. 


LEGISLATIVE  ACTS 


water  department  amendment. 

CHAPTER  184,  LAWS  OF  1894. 

(became  a law  march  28,  1894.) 

Section  20  of  Chapter  291,  Laws  of  1889, 

AMENDED  so  AS  TO  READ  AS  FOLLOWS,  VIZ  : 

§ 20.  Whenever  the  Syracuse  water  board  shall 
consider  it  necessary  that  any  bonds  of  the  city 
Syracuse  shall  be  issued  for  the  purpose  of  this  act  it 
shall  certify  to  the  mayor  and  common  council  of  the 
city  of  the  amount  so  desired,  and  the  purpose  or  pur- 
poses for  which  required  ; whereupon  it  shall  be  the 
duty  of  the  mayor  and  common  council,  by  resolution, 
to  cause  bonds  for  the  amounts  so  certified  to  be  issued 
in  the  name  and  upon  the  credit  of  the  city  of  vSyra- 
cuse,  which  shall  be  executed  by  the  mayor  under  the 
corporate  seal  of  the  city,  and  countersigned  b}’  the 
city  clerk.  Provided,  however,  that  the  aggregate  Limitation 

. of  amount. 

amount  of  the  bonds  issued  under  the  provisions  of 
this  act  shall  not  in  any  event  e.xceed  the  sum  of  three 
million  five  hundred  thousand  dollars.  All  such  bonds  Bonds  when 
shall  be  payable  on  the  first  day  of  July  nineteen  ^ 
hundred  and  twenty.  Such  bonds  shall  bear  interest 
at  a rate  to  be  determined  by  the  water  board,  not  ex- 


412 


LEGISLATIVE  ACTS. 


Interest. 


Sale  of 
Bonds. 


Conditions 
of  delivery. 


Valid  city 
obligations. 


Water  fund. 


Payments 

therefrom. 


ceeding  four  per  cent  per  annum,  payable  semi-annually 
and  may  be  either  registered  or  coupon  bonds  or  both, 
and  of  such  denominations  and  payable  at  such  place 
or  places  as  the  common  council  may  direct  by  resolu- 
tion. Upon  the  passage  of  any  resolution  authorizing 
an  issue  of  such  bonds,  the  city  treasurer  shall  proper- 
13'  advertise  for  proposals  for  the  purchase  of  such 
bonds  and  shall  sell  them  to  the  party  or  parties  offer- 
ing to  pay  the  highest  price  therefor,  but  not  less  than 
par.  Upon  the  acceptance  of  any  proposal  for  the  pur- 
chase of  such  bonds  the  cit}'  treasurer  shall  immediate- 
1}'  deposit  the  same  with  a bank  or  trust  compan3'  des- 
ignated b}'  resolution  of  the  common  council,  with  a 
statement  of  the  terms  of  sale.  Upon  payment,  in 
accordance  with  such  terms,  said  bank  or  trust  com- 
pany shall  deliver  such  bonds,  dul}'  countersigned  by 
it,  to  the  purchaser.  Thereupon  such  bonds  shall  be- 
come valid  obligations  of  the  city  of  S>Tacuse,  and  the 
faith  and  credit  of  the  cit}'  is  hereb}'  pledged  for  the 
pa3unent  thereof,  and  the  interest  thereon.  The  pay- 
ment so  received  and  all  interest  which  may  accrue 
thereon  shall  be  placed  b}'  the  said  bank  or  trust  com- 
pany to  the  credit  of  the  city  of  Syracuse  water  fund. 
No  part  of  such  moneys  shall  be  paid  out,  except  upon 
the  written  order  of  the  Syracuse  water  board,  signed 
b}'  the  president  and  secretary  thereof  and  counter- 
signed by  the  city  treasurer.  No  order  for  the  pa}^- 
ment  of  such  moneys  .shall  be  i.ssued  except  upon  the 
re.solution  of  the  water  board,  dul}'  entered  upon  its 
minutes,  a certified  copy  whereof  .shall  l)e  filed  with 


.EGISLATIVE  ACTS. 


413 


the  city  treasurer.  The  voucher  or  other  paper  on  ac- 
count of  which  such  order  is  issued  shall  be  filed  with 
the  secretary  of  the  board,  and  shall  bear  a number 
corresponding  with  the  number  of  the  order  issued 
thereon  ; the  board  may,  however,  at  an}"  time,  by 
resolution  and  order  issued  in  the  manner  aforesaid, 
transfer  any  funds  from  any  bank  or  trust  company  to  Transfer  of 

, funds. 

any  other  bank  or  banks  or  trust  company  which 
shall  have  been  approved  by  the  common  council  as 
depositories  of  the  funds  of  the  Syracuse  water  board. 

The  funds  so  transferred,  and  all  interest  accruing  Restrictions 

as  to  deposits 

thereon,  shall  be  held  and  paid  out  by  such  bank  or 
banks,  or  trust  company,  only  in  the  manner  above 
provided.  The  amount  of  moneys  on  deposit  at  any 
time  with  any  bank  or  banks  or  trust  company  shall 
not  exceed  thirty  per  centum  of  the  full  paid  capital 
stock  and  surplus  of  any  such  bank  or  banks  or  trust 
company.  Upon  the  passage  of  any  resolution  author-  Duties  of  city 

. , clerk  and 

izing  the  issue  of  bonds  under  this  act  the  city  treasurer, 
clerk  shall  forthwith  transmit  a certified  copy  thereof 
to  the  secretary  of  the  water  board.  Upon  the  .sale 
of  any  .such  bonds,  the  city  treasurer  shall  tran.smit  to 
the  secretary  of  the  water  board  a statement  showing 
the  amount  of  bonds  sold  and  the  amount  realized 
thereon,  and  shall  also  furnish  to  the  city  clerk  a de- 
tailed .statement,  showing  the  date,  number  and  de- 
nomination of  each  bond  sold,  the  price  realized,  the 
name  of  the  purcha.ser,  and  the  expenses  of  such  sale. 

This  act  shall  take  effect  immediately. 


414 


LEGISLATIVE  ACTS. 


Issue  of 
bonds. 


When 

payable. 


Sale  of 
Bonds. 


SCHOOL  BONDS. 


A LAW  TO  AUTHORIZE  THE  CITY  OF  SYRACUSE  TO 
BORROW  MONEY  BY  THE  ISSUE  OF  BONDS  FOR  THE 
BUILDING  OF  SCHOOL  HOUSES  AND  THE  PAYMENT  OF 
DEBTS  CONTRACTED  FOR  THE  PURCHASE  OF  LAND 
FOR  SCHOOL  PURPOSES,  BEING  CHAPTER  6 10,  LAWS 
OF  1894. 

Section  i.  The  city  of  S3Tacu3e,  by  its  common 
council,  shall  have  authority,  and  it  shall  be  its  duty, 
by  resolution  duly  adopted  by  such  common  council 
and  approved  by  the  mayor,  to  cause  registered  or 
coupon  bonds  of  said  city  to  be  issued  in  the  name  and 
upon  the  credit  of  said  city,  which  bonds  shall  be 
signed  by  the  mayor  and  city  clerk,  in  the  sum  of  one 
hundred  and  twenty  thousand  dollars,  payable  twent}^ 
thousand  dollars  in  one  year ; twenty  thousand  dollars 
in  two  years ; twenty  thousand  dollars  in  three  5^ears ; 
twenty  thousand  dollars  in  four  years;  twenty'  thou- 
sand dollars  in  five  years ; twenty  thousand  dollars  in 
six  years  after  the  date  of  issue,  bearing  interest  at  a 
rate  not  exceeding  four  per  cent,  per  annum,  payable 
semi-annually. 

§ 2.  Upon  the  issue  of  said  bonds  the  city  treasurer 
of  the  city  of  Syracuse  shall  suitably  advertise  for  pro- 
posals for  the  purchase  of  said  bonds,  and  he  shall  .sell 
them  to  the  party  or  parties  offering  to  pay  the  highest 
price  therefor,  but  not  less  than  their  par  value.  The 
treasurer  shall  keep  in  his  office  a record  of  all  bonds 
sold,  by  number,  date,  amount  and  name  of  payee. 


LEGISLATIVE  ACTS. 


415 


subject  at  all  reasonable  times  to  the  inspection  of  the 

mayor  and  common  council  of  said  city.  The  pro- proceeds.°^ 

ceeds  arising  from  such  sale  shall  be  by  him  deposited 

in  solvent  banks  or  trust  companies  to  be  designated 

b}"  the  common  council  for  that  purpose  to  the  credit 

of  the  treasurer ; but  there  shall  not  be  deposited  in 

any  one  bank  or  trust  company  an  amount  in  excess 

of  twenty  per  cent  of  the  capital  stock  and  surplus  of 

such  bank  or  trust  company.  Such  deposit  shall  be 

kept  separate  and  apart  from  all  other  funds  of  said 

city,  and  shall  be  known  as  the  school  building  fund. 

All  payments  from  such  fund  shall  be  made  on  war-  payments, 
rants  drawn  by  the  board  of  education  of  the  city  of 
Syracuse,  countersigned  by  the  president  and  clerk  of 
said  board. 

§ 3.  The  moneys  so  realized  from  the  sale  of  said c^/^proceedS 
bonds  so  to  be  issued  shall  be  used  and  employed  under 
the  direction  of  the  board  of  education  of  the  city  of 
Syracuse,  for  the  following  purposes  and  none  other : 

First.  For  the  construction,  completion  and  furnish-  Tomp’ 
ing  of  one  eight-room  school  building  and  appurten- 
ances  to  be  built  upon  lands  now  owned  by  the  city  of 
Syracuse  on  Tompkins  street  in  the  ninth  ward  of  said 
city,  which  shall  cost,  when  completed  and  furnished, 
not  to  exceed  the  sum  of  nineteen  thousand  dollars. 

Second.  For  the  construction,  completion  and  fur- 
nishing  of  one  eight-room  school  building  and  appur- 
tenances  upon  lands  now  owned  by  the  city  of  Syracuse 
on  Butternut  street,  in  the  twelfth  ward  of  said  city. 


4i6 


LEGISLATIVE  ACTS. 


the  cost  of  which  building,  when  completed  and  fur- 
nished, shall  not  exceed  the  sum  of  nineteen  thousand 
dollars. 

Building  on 
Clinton 
school  lot. 

Third.  For  the  construction,  completion  and  fur- 
nishing of  one  twelve-room  school  building  in  the 
fourth  ward  of  said  city  in  place  of  what  is  now  known 
as  the  Clinton  school,  to  be  constructed  on  said  Clinton 
school  lot  or  such  other  lot  in  said  ward  now  owned, 
or  which  may  hereafter  be  acquired,  by  the  city  as 
shall  be  approved  by  the  common  council,  which  build- 
ing, when  completed  and  furnished,  shall  not  cost  to 
exceed  the  sum  of  twenty-nine  thousand  dollars. 

Building  in 
nineteenth 
ward. 

Fourth.  For  the  construction,  completion  and  fur- 
nishing of  one  twelve-room  school  building  in  the 
nineteenth  ward  of  said  city  of  Syracuse  upon  such 
lands  now  owned  or  which  may  hereafter  be  acquired 
by  the  city  as  shall  be  approved  by  the  common  coun- 
cil, which  building  and  appurtenances  completed  and 
furnished  shall  not  cost  to  exceed  the  sum  of  twenty- 

nine  thousand  dollars. 

Improvement  Fifth.  For  the  enlargement,  improvement  and  re- 

of  Bassett 


school 

building. 

pair  of  the  Bas.sett  school  building  and  appurtenances 
in  the  fourteenth  ward  of  said  city,  a sum  not  to  ex- 
ceed the  sum  of  five  thousand  dollars  ; provided  that 
none  of  said  moneys  so  authorized  be  expended  for  the 
construction  or  repair  of  school  buildings  shall  be  paid 
or  expended  until  after  the  contracts,  plans  and  speci- 
fications for  such  construction  and  repair  shall  be  ap- 
proved by  the  common  council. 

I 


i.K(;i.si,A'n\i':  acts.  417 

Sixf/i.  To  pay  to  one  William  H.  Warner,  of  Syra-  Paxmcntto 

W.  H.  Warner 

cnse,  the  sum  of  fourteen  thousand  dollars  and  accrued 
interest  thereon,  being  the  amount  due  and  unpaid  to 
him  upon  a certain  land  contract  made  by  one  David 
Leslie  with  the  city  of  Syracuse,  for  the  purchase  of 
lands  for  school  purposes  in  the  seventh  ward  of  said 
city,  which  contract  has  been  assigned  b}’  said  Leslie 
to  said  William  H.  Warner. 


Seventh  To  pay  and  cancel  of  record  mortgages  on  I'ayment  of 

^ 00  inortKages. 

land  of  the  said  city  known  as  the  Prescott  school  lot 
and  building  in  the  twelfth  ward  in  the  amount  of  three 
thousand  eight  hundred  dollars  and  accrued  interest, 
which  mortgages  are  held  and  owned  by  the  vSyracuse 
Savings  Bank  and  James  J.  Belden. 


§ 4.  Any  unexpended  balance  of  the  proceeds  of  Transfer  of 

unexpended 

said  bonds  shall  be  transferred  to,  and  disposed  of  as  a 
part  of  the  permanent  school  fund  of  said  city  ; and  the 
common  council  of  said  city  of  S}Tacuse  is  hereby 
authorized  to  include  in  and  add  to  the  annual  tax  to 
be  levied  and  assessed  upon  the  inhabitants  of  said  city  for 
in  each  of  the  years  eighteen  hundred  and  ninety-five,  and  hiteresi 

of  bonds. 


eighteen  hundred  and  ninety-six,  eighteen  hundred 
and  ninety-seven,  eighteen  hundred  and  ninety-eight, 
eighteen  hundred  and  ninety-nine,  nineteen  hundred, 
in  addition  to  the  sum  authorized  to  be  raised  by  sec- 
tion one  hundred  and  six  of  the  charter  of  said  city, 
the  sum  of  twenty  thousand  dollars  for  the  payment 
and  retirement  of  the  principal  of  said  bonds  as  pro- 
vided in  section  one  of  this  act.  The  first  payment  of 


First  payment 
of  principal. 


principal  of  twenty  thousand  dollars  of  said  bonds  to 
become  due  and  payable  on  the  first  day  of  July,  eigh- 
teen hundred  and  ninety-five. 

§ 5.  This  act  shall  take  effect  immediately. 


ORDINANCES 


AS  AMENDED. 

CHAPTER  XXVII. 

OFKKNvSES  AGAINvST  THE  PUBLIC  PEACE  AND  QUIET. 

Section.  6.  Any  person  who  shall  solicit  alms  in 
the  city  for  any  purpo.se  whatever  without  permission 
from  the  mayor,  or  any  person  found  guilty  of  va- 
grancy, .shall  be  subject  to  a fine  of  not  less  than  two 
nor  more  than  twenty-five  dollars  or  to  impri.sonment 
in  the  penitentiary  of  the  county  for  not  less  than  ten 
days  nor  more  than  three  months  or  to  both  such  fine 
and  impri.sonment  for  each  offen.se. 

Section.  12.  Any  peuson  who  shall  indecently  e.x- 
hibit  any  stallion  within  the  city  or  permit  any  bitch 
in  heat  to  run  at  large  upon  the  streets  or  .sidewalks  of 
.said  city,  .shall  be  subject  to  a fine  of  not  less  than  five 
nor  more  than  fifty  dollars  or  to  imprisonment  in  the 
the  penitentiary  of  the  county  for  not  le.ss  than  ten  or 
more  than  twenty  days  for  each  offense. 

CHAPTER  XXXVHI. 
reports. 

vSection  1.  The  board  of  police  commis.sioners,  the 
board  of  fire  commissioners,  the  board  of  excise  com- 


420 


ORDINANCES. 


inissionens,  the  board  of  education,  the  board  of  health, 
the  board  of  civil  service  examiners,  the  city  treasurer, 
the  corporation  counsel,  the  commissioner  of  public 
works,  the  city  engineer,  the  police  justice,  the  fire  mar- 
shal, and  the  overseer  of  the  poor,  .shall  report  annually 
to  the  common  council  in  the  month  of  February,  and  at 
or  before  the  last  meeting  of  the  common  council,  then 
retiring  from  office  for  the  year  ending  with  the  fiscal 
year,  or  oftener  if  required,  and  in  such  form  and  man- 
ner as  the  common  council  may  require,  a detailed 
statement  of  all  transactions,  financial  or  otherwise, 
belonging  to  his  or  their  department,  the  condition  of 
the  same  and  the  public  property  belonging  thereto, 
together  with  such  other  items  of  public  interest, 
and  such  suggestions  concerning  his  or  their  depart- 
ment as  he  or  they  may  deem  essential  to  the  public 
welfare. 


INDEX 


Page. 

ABATTOIRS,  (council,  nuisances,  slaughter  houses,) 

erection  of  52,  325 

ACCOUNTS,  (auditors,  council,) 

board  of  auditors  discontinued 109 

board  of  education 135,  137 

of  fire  department  audited  by  board  of  fire  com- 
missioners  143 

allowed  and  paid  how 184 

common  council  to  prescribe  manner  of  auditing.  . 184,  187 

ACTIONS,  (city,  injuries,) 

duty  of  corporation  counsel  as  to 81 

again.st  city  for  injuries 190 

notice  of 190 

jurisdiction  of  municipal  court 195-197 

discontinuance  of,  in  municipal  court 198 

trial  of,  in  municipal  court 198-200 

fees  and  costs  in  municipal  court 2(x>-202 

by  or  agaiiLst  water  board 225 

ADVKRThSINO  BOARDS,  (council,  ])ublic  ])eace, ) 

carrying  of,  in  .streets  without  ])ermit,  forbidden 333 

AI/DKRMEN,  (council,  city,) 

how  elected 37,  38,  92 

.special  election  of,  tie  vote 43 

vacancies,  how  filled 43 

constitute  common  council 45 

majority  of,  a quorum  of  council 45 

vote  in  common  council 45 

power  to  enforce  ordinances 65,  259 

term  of  office,  and  salary 92 

when  personally  liable  for  acts 97 

unauthorized  a])pro])riations,  liability  for  voting 183 

procedure  to  recover  debts  of  ])roceeding  council 184 

not  to  be  interested  in  work  done,  or  siq)])lies 188 

enforcing  ordinances  as  to  loads 259 

authority  to  enter  disorderly  and  gambling  houses.  .274,  275  . 

authority  of , on  public  markets 318 

authority  to  inspect  jiawnbrokers’  records 340 

.sidewalk  ob.structions 364 

awnings 365 


422 


INDEX. 


PAGE. 

ATvEEYS,  (highways,  streets,  etc.,) 


powers  and  duties  of  commissioners  of  highways 66 

laying  out  of 127 

fires  not  to  be  kindled  in,  without  permission 290 

penalty  for  obstructing 372,  380 

AMRUEANCES,  (immoderate  driving,  ) 

immoderate  driving  of 331 

ANIMALS,  ( council,  impounding, ) 

powers  of  council 51 

impounding  of,  fees  for 250 

pound-keeper  to  provide  food 250 

duties  and  authority  of  pound-master 250,  251 

city  not  liable  for  fees  and  expenses 252 

notice  of  sale  of  impounded  251 

dead  animals  not  to  be  buried  in  city 252 

penalties  for  maltreating 252,  331 

penalties  for  permitting  goats  to  run  at  large 252 

dogs 269-272 

jurisdiction  of  health  officer  in  regard  to  dead 316 

penalty  for  allowing  bitches  to  run  at  large 419 

stallions  not  to  be  exhibited ...  419 


APPEALS,  ( asse.ssments,  judgments,  municipal  court,  ) 

from  asses.snient 

council  to  hear  and  determine 

from  commissioners’  re])ort  on  opening  streets. . . . . , 

from  assessors  on  damages  on  opening  .streets 

from  judgments  again.st  city 

from  municipal  court  judgments 

from  commissioners  of  appraisal  in  water  board 

effect  of  appeal  on  ])o.s.session  of  land 

AREAvS,  ( l)uildings,  council,  .streets,) 

])Ower  of  council 

council  to  regulate  con.struction  of 
how  to  be  con.structed 


ASHES,  (buildings,  council,  streets,) 

deposit  of,  regulated  by  council.  51 , 58 

construction  of  rece])tacle.s  for 165,  281 

combustible  materials  to  be  kept  fn)m  receptacles  for.  . 287 

not  to  be  mixed  with  garbage 296 

not  to  be  thrown  on  street  or  sidewalk 375,  381 

ASSEvSvSMENTvS,  ( a.sse.s.sor.s,  council,  city  treasurer,  taxes,) 

authority  of  council  53)94 

rolls  to  be  left  at  office  of  a.sse.ssors 89 

time  to  review 89 

error  in  chri.stian  name  not  invalidate 90 

what  is  a sufficient  de.scription  in 90  \ 

authority  of  council  to  tax  and  asse.ss 94  95 

bonded  indebtediie.ss 9.) 


54 

59 

169 


1 16 
116 
130 
L3I 
188 
203 

215 

216 


INDEX. 


423 


PAGE. 

ASSESSMENTS,  (assessors,  council,  city  treasurer,  taxes, ) 

educational  purposes 94 

fire  department,  lighting  and  water 94,  95,  407 

police  department 95,  407 

ordinary  and  contingent  expenses 95,  407 

bridges,  sewers  and  streets 95,  407 

amount  of  city  tax  levy 96,  408 

general  tax,  how  to  be  assessed 96 

specific  purposes 97 

liability  of  common  council 97 

lien  on  real  estate 98 

fees  for  non-payment 98,  99 

notices  of  unpaid  taxes  and  service  thereof  98,  99 

issue  and  return  of  warrants 99 

return  of  list  of  unpaid  taxes  to  assessors 99,  100 

correction  of  errors 100 

reassessmsnt  for  irregular  and  insufficient  tax 108 

cease  to  be  a lien,  when 108 

local  improvements iii,  114,  115,  126 

manner  of  assessment 1 1 5-1 17 

appeal  from 115 

collection  of  local 117 

opening  of  streets — damages 130 

money  for  school  purposes,  how  raised 138,  408 


ASSEvSSORS,  (assessments  taxes, ) 

elected  how 38,  88 

number  of 88 

term  of  office,  compensation,  duties 88,  89 

notice  of  com])letion  of  rolls,  how  given 89,  131 

correct  assessment  rolls 89,  90 

description  of  lands 89,  90 

time  to  complete  and  correct  rolls 90 

office  and  office  hours 91 

books  and  maps  open  to  public  ins])ection 91 

unpaid  taxes  99 

revision  and  correction  of  tax  roll loo 

])roceedings  in  local  im])rovements 114 

assess  for  local  improvements 115 

hear  objections  and  correct  rolls 116 

council  to  appoint  in  cases  of  appeal 116 

coni])ensation  of  commissioners 117 

asse.ss  damages  on  opening  streets 130 


ASSISTANT  ENClINKIvRvS,  (fire  de])artment,  ) 


appointment  of 143,  j 44 

salary,  how  fixed 144 

powers  and  duties  at  fires 145 


ASSIvSTANT  OVERSEER  OF  POOR,  (overseer  of  poor,) 

ap]X)intnient,  salary  and  duties  of  82,  83 


424 


INDEX. 


PAGE. 

AUCTIONS,  (council,  licensing,) 

jurisdiction  of  council 57 

crying  goods  at 57 

pound-keeper  to  dispose  of  animals  at 250 

property  not  to  be  sold  without  license : 253 

penalty 253 

licenses,  how  granted  and  revoked 253,  254 

fees  for  license  for 254 

on  sidewalks,  prohibited 364 

AWNINGS,  (council,  sidewalks,  buildings,) 

council  to  regulate 52 

permission  of  council  required  for  other  than  cloth ....  364 
authority  of  mayor  and  other  officials  to  order  removal  of  365 
height  of  cloth  and  other,  specified '.  . . . 365 

AWNING  POvSTS,  (council,  sidewalks,  buildings,) 

council  to  regulate  use  of 52 

bagatelle,  ( gambling,  ) 

penalty  for  keeping 274 

BAGGAGE  WAGONS,  (council,  hacks,) 

licensing  of 306 

numbers  required  308 

drivers  not  to  enter  depots 309 

BALL  ALLEYS,  (council,  gambling, ) 

power  of  council  to  suppress  and  re.strain 54 

BALL  PLAYING,  (council,  streets,  ) 

penalty  for,  in  streets 332 

BATHING,  (council,  swimming,) 

council  to  regulate  or  prohii)it 57 

council  to  establi.sh  and  regulate  public  baths 57 

bathers  nurst  wear  suitable  garments 254 

])enalty  for,  in  creek  or  canal  without  suits 254 

BAY  WINDOWS,  (council,  buildings,  streets,) 

council  to  regulate  construction  of 59 

BEGGARvS,  (council,  vagrancy,) 

restrained  and  ])unished 53,  419 

BELLS  AND  GONGS,  (council,  public  peace, ) 

council  to  regulate  ringing  or  tolling  of 57 

ringing  of,  penalty 332,  334 

driving  sleighs  without 333 

ringing  of,  on  Sundays  prohibited 334 

BENZINPl,  (petroleum,) 

.storage  and  .sale  of 34<^ 

BICYCLES,  ( council,  streets,  .sidewalks,) 

council  to  regulate 58 

registered,  if  u.sed  on  .sidewalk,  penalty 368 

ex('ei)lioii  to  registry 3^9 


INDKX. 


425 


I’Aca-:. 

BICYCIvES,  (council,  streets,  sidewalks.) 

regulations  as  to  use  of  sidewalks 369 

rate  of  speed 369 

penalty  for  injury  from  collision , 370 

mode  of  registry 370 

transfer  or  sale  of 370,  371 

evidence  of  ownership  of 371 

permits  for  371 

definition  of  “ cycle  ” 371 

fees  for 371 

mayor  grants  extra  privileges 372 

BILL  POSTING  AND  BILL  DISTRIBUTING,  (mayor, 
license,  bonds, ) 

license  required  and  cost  of 401,  402 

mayor  issues  license . 401 

bill  poster’s  license  and  cost  of 401 

bill  distributor’s  license  and  cost  of 401 

bond  of  licemsee 401,  402 

fees  of  bill-posters  and  distributors 402 

careless  distribution  forbidden 403 

local  merchants  not  required  to  obtain  license 403 

privileges  of  local  organizations 403 

penalty  for  violation  of  ordinance 403 

BILL  BOARDS,  (council,  buildings,  .streets,) 

regulating  height  of 2S3,  284 

BIRDvS,  (council,  streets,) 

injury  to  ne.sts,  penalty  for,  etc 33S 

BLASTING,  (council,  fire  limits, ) 

penalty  for,  without  ])ermission 279 

BOARD  OF  CITY  AUDITORS,  (accounts,  common  coun- 
cil, dei)artments, ) 

discontinuance  of 109 

powers  vested  in  mayor  and  common  council 109 

])olice  and  health  records  and  accounts 110 

provisions  of  the  old  law 109,  110,  1 1 1 

BOARD  OF  CIVIL  SERVICF:  EXAMINERS. 

re])ort  annually  to  common  council 420 

BOARD  Ob'  EDUCATION,  (assessments,  auditors,  council,) 

election  of 39,  93 

funds  for 94,  415 

organization  of,  and  meetings 133 

city  su4)erintendant  of  schools,  duties  of  and  charges 

against 133,  134 

president  of 133 

rei)ort  to  council  annually,  e.stimated  expen.ses  135 

action  on  report  by  council 135,  136 

ex])enses  not  to  exceed  ap])ro])riations 136 

])ersonal  liability  of  commissioners 136 


426 


INDEX. 


PAGE. 

BOARD  OF  EDUCATION,  (assessments,  auditors,  council.) 

powers  and  duties  of 136,  137 

returns  to  be  made  to  the  superintendent  of  public 

instruction.... 137 

school  funds,  how  raised 94,  138,  139 

expenditures  for  school  sites  and  houses  limited. . .408,  414 

free  text-books 139,  409 

teachers’  wages 139,  409 

Central  library,  expenses  of 139,  409 

school  libraries,  expenses  of  139,  409 

school  moneys,  care  and  disbursement  of 140 

school  moneys,  not  to  be  diverted 140 

school  commissioners’  district 140 

members  not  to  be  interested  in  work  done  or  supplies  188 

report  annually  to  common  council 420 

.school  bonds,  act  of  1894 414,  418 

BOARD  OF  EXCISE  COMMhSSIONERS,  (council,) 

report  to  common  council  annually  420 

BOARD  OF  FIRE  COMMISSIONERS,  (council,  fire  de- 
partment, ) 

supervise  and  control  fire  department ....  14 1 

constituted  how 141 

appointed  by  mayor,  tenure  of  office 141 

authority  of  mayor 142 

vacancies,  how  filled 142 

clerk  of 142 

non-partisan,  without  compensation 142 

removal  for  cause 142 

jurisdiction  of,  over  fire  department 141,  142,  143 

warrants  of,  how  signed 143 

a])pointment  of  chief  and  other  eni])loyees 143,  144 

salaries  of  department  a])])roved  l)y  council 144 

control  at  fires 145 

permission  of,  for  removal  of  a])])aratus  145 

chief  engineer  to  report  monthly  to 145 

chief  engineer’s  statement  communicated  to  council..  . 146 

fire  alarm  telegraph  under  control  of  150 

limiting  wooden  building  district 173 

funds  to  be  turned  over  to  city  treasurer 175 

pro])erty  to  be  turned  over  to  common  council 175 

may  order  dangerous  materials  removed 288 

when  board  may  remove  dangerous  materials 289 

vessels  containing  gun  powder 289 

license  the  selling  of  kerosene  and  petroleum 349 

report  to  the  common  council  annually 419 

BOARD  OI'  IlEAI/ni,  (council,  health  inspector,  nuisan- 
ces, public  health,) 

expenses  of,  provided  for  95,  407 

stables  nmst  be  approved  by  ...  173 

])lumbers  must  register  with 234 

appoint  inspector  of  plumbing 235 


INDEX.  427 

I’AGK. 

BOARD  OF  HEALTH,  (council,  health  inspector,  nuisan- 
ces, public  health.) 

may  supervise  inspector  of  plumbing 236 

give  notice  of  violation  of  plumbing  rules 237 

prepare  rules  of  plumbing 237 

violation  of  rules,  penalty 239 

removal  of  offal  and  garbage 295 

garbage  carts  of 297 

places  of  deposit  for  garbage,  designation  of 298 

clerk,  duties  of 29S 

complaints  to  be  recorded 298,  299 

report  to  chief  of  police 299 

expense  of,  to  be  paid  by  city 300 

accounts  audited  by  council 300 

health  inspector,  duties  and  power  of 315 

health  officer  to  carry  out  orders  of 315 

penalty  for  false  representation  of 317 

jurisdiction  in  cases  of  nuisance 325 

abatement  of  nuisances 327 

injury  to  public  waters  prohibited 32S 

tenements,  overcrowding  of 328 

permits  for  cleaning  vaults,  privies,  etc.,  granting  of.  . 329 
to  report  annually  to  common  council 420 

BOARD  OF  PLUMBERvS  AND  PLUMBING, '( Board  of 
Health,  j 

appointment  of  board 230 

terms  of  office 230 

vacancies,  how  filled 231 

ex-officio  members 231 

compensation  231 

qualifications 232 

])owers  and  duties 232 

meetings  232 

certificates  of  competency 232 

plumbing  code 233 

fees  233 

city  of  Brofiklyn,  tax  levy 233 

compensation  of  meniliefs 233 

examinations  as  to  (jualifications 234 

conducting  business  without  certificate  prohibited 234 

registration  with  lioard  of  health 234 

certificate  thereof 234 

cancellation  of  registration 234 

conducting  business  without  registration  prohibited.  . . 235 

in.spection  of  pluniliing 235 

qualifications 235 

compensation 236 

duties  of  inspectors  236 

reports  236 

ex])irations  and  renewals 236 

notice  of  violations  of  rules 237 


428 


INDEX. 


PAGE. 

BOARD  OF  PLUMBERS  AND  PLUMBING,  (Board  of 
Health.) 

proceeding,  when  violations  not  removed 237 

plumbing,  etc.,  executed  in  accordance  with  rules 237 

proviso 238 

rooms  and  office  expenses  of  board 238 

tax  for  expenditures  , 238 

violations  of  act  a misdemeanor 239 

issue  of  licenses  to  connect  with  mains  restricted 239 

BOARD  OF  POLICE  COMMISSIONERS,  (council,  police 
department, ) 

members  of,  may  make  an  arrest 65 

special  police,  appointment  and  control  of 69 

report  accounts  and  expenses  to  council no 

appointment  of,  by  mayor 176 

non-partisan 176 

vacancies,  filled  by  mayor  176 

compensation,  to  serve  without  177 

mayor  remove  for  cause . 177 

reasons  for  removal  submitted  to  council.  177 

powers  and  duties  of 177 

council  to  provide  rooms  for 177 

meetings,  when  and  where  held  177 

quorum ' 177 

president,  appointment  of 177 

chief  of  police  clerk,  ex-officio 178 

duties  of  clerk 178 

appointment  and  control  of  policemen 178 

limit  of  police  force 178 

additional  policemen,  power  to  appoint 178 

additional  policemen  by  three-fourths  vote  of  council.  . 178 

extra  and  special  policemen,  control  of  by 178 

compensation  of  policemen  179 

chief  of  police,  duties  and  compensation  of 179 

chief’s  monthly  report.  179 

captain  of  night  watch  and  chief  of  ])olice,  appoint- 
ment of 179 

ca])tain  of  night  watch,  compensation  of 180 

detectives,  a])pointnient  and  compensation  of 180 

su.speiision,  or  removal  of  members  of  police  force 180 

warrants  of,  has  .signed 182 

make  by-laws  for  ])olice  force 182 

rewards  and  gifts  to  officers  retained  by 242 

tru.stees  of  ])olice  ])ension  fund  _ 243 

annual  report  of  trustees  to  common  council  244 

may  grant  pensions  to  officers,  widows,  children 245 

may  order  ])ension  to  cea.se 247 

adopt  rules  to  regulate  police  pension  fund 248 

report  annually  to  council 4^9'^ 


INDKX.  429 

i’A(;k. 

BOARD  OK  SUPERVIvSORS,  (election,  taxes,  ) 

bond  of  city  treasurer  as  collector  of  county  taxes,  how 

made  and  approved 84 

assessment  of  county  taxes 86 

assessment  rolls,  copy  of  to  be  delivered  to-  90 

election,  powers,  authority  and  compensation  of 93 

cease  to  act  as  board  of  city  auditors 109 

BOARD  OF  WATER  COMMLSSIONERS,  ( water  board, ) 

BOARDING  HOUSEvS,  ( buildings,  fire,  ) 

to  provide  suitable  fire  escapes 172,  284 

BOATMEN,  (council,) 

licensing  of 55 

BOATS,  (council,  porters  and  runners,) 

council  to  license  runners  for 58 

whistles  on 357 

inspection  of  steamboats 359-361 

gunpowder  on 289,  303 

BOIDERS,  (council,  buildings,  chief  engineer,  fire,) 

power  of  council  in  regard  to  dangers  from 48,  58 

houses  and  rooms  for,  how  constructed  166 

precautions  against  fire  286 

on  yachts  or  steamboats  to  be  examined 359 

proper  repair 359,  360 

BONDvS,  (city  council,  ) 

council  may  issue  registered  or  cou]K)n 61 

record  of  surrendered,  ke])t  by  treasurer 62 

advertising  for  proposals  for 62 

how  awarded  on  sale 62 

j)rovi.so  as  to  sinking  fund  ...  63 

clerk  of  police  justice  to  file,  a])proval  by  mayor 79 

of  city  treasurer 83 

of  city  treasurer  as  county  tax  collector 84 

of  constables 93 

council  may  issue  local  improvement 114 

local  improvement 114 

contractors 123 

council  may  recpiire  city  officials  to  give 186 

city  may  sue  on  officials  r86 

council  may  require  additional  186 

action  u])on,  in  nmnici])al  court 195 

action  upon  surety  bond,  in  munici])al  court 195 

of  clerk  and  deputy  clerk  of  municipal  court 204 

water 221,  41 1 

pro])osals  for  purchase  of  water 22  r,  412 

sale  of  water 222,  412 

proceeds  from  sale  of  water 223,  412 

of  treasurer  of  police  pension  fund  243 

of  pawnbrokers 340 

of  bill  poster  and  distributor 401 

school,  act  of  1894 414-419 


430 


INDKX. 


rAGE. 

RONE  BOIEING  OR  GRINDING,  (council,  nuisances,) 

power  of  council  in  regard  to 54 

BOOKS,  (council,  exhibitions,) 

city  clerk  to  have  charge  of  city  records 70 

city  clerk  provide  record  of  warrants  signed 71 

city  engineer  to  keep  record 72 

city  treasurer  must  keep 85 

record  of  non-residents  85 

of  a.ssessor,  public  records 91 

of  board  of  education,  subject  to  inspection  of  council..  134 

what  fire  marshal  shall  record  in  his 150 

chief  of  police  keep  record  of  cases  and  proceedings.  . . 179 

chief  of  police  keep  record  of  property  taken 179 

docket  of  municipal  court 204 

of  water  board,  subject  to  inspection  by  city  officials. . . 225 

water  works,  record  of  city  clerk 226 

water  works,  record  of  city  treasurer 226 

record  of  clerk  of  police  pension  fund 244 

of  sextons 262 

city  clerk  keep  record  of  city  real  estate 267 

city  clerk  keep  record  of  dog  licenses 270 

lewd  or  indecent  prohibited 276 

record  of  board  of  health 298 

complaint  book  of  board  of  health 299 

record  of  pawnbrokers  open  to  inspection 340 

registry  of  cycles  by  city  clerk 370 

j)ermits  for  cyclers  recorded . 371 

register  of  sealer  of  weights  and  measiires 387 

of  junk  dealers,  open  to  ins])ection 399 

fees  for  distributing  402 

text,  for  schools 408 

BOXTNDARIES,  (city  limits,) 

city  defined 26 

first  ward 29 

second  ward 29 

third  ward 30 

fourth  ward 30 

fifth  ward 31 

sixth  ward 31 

seventh  ward 32 

eighth  ward 32 

ninth  ward 33 

tenth  ward 33 

eleventh  ward 33 

twelfth  ward 33 

thirteenth  ward 34 

fourteenth  w’ard 34 

fifteenth  ward  35 

sixteenth  ward 35  ^ 

seventeenth  ward 36 

eighteenth  ward 36 


INDKX. 


4.V 


I’AOK. 


HOUNDARIKvS,  (city  limits.) 

nineteenth  ward 37 

school  district 140 

of  first  building  district 151 

of  second  building  district 152 

fire  limits 280 

erection  of  wooden  buildings  limited 151,  173,  280,  281 

limits  for  cycle  riding  or  sidewalks,  how  fixed 369 

BOWIE-KNIVES,  ( council,  offences  against  public  peace, ) 

carrying  of,  prohibited 33 t ‘ 

BREACH  OF  THE  PEACE,  (public  peace,) 

penalty  for 329 

BRFvWERvS,  (nuisances,  sidewalks,  streets,) 

depositing  foul  substances  in  streets 325 

BRIDGEvS,  (council,  markets,  streets,) 

powers  of  commissioners  of  highways 66 

commissioner  of  public  works  to  clean 74 

commissioner  of  public  works  to  repair 75 

vehicles  remaining  on,  penalty 140 

making  sales  on,  penalty . . 141 

entering  upon  after  signal,  penalt}- 141 

cyclers  not  to  ride  on  foot-paths  of 369 

tax  levy  for 407 


BUILDINGS,  (council,  chief  engineer,  fire  limits,  streets,) 

powers  of  council 50,  52,  54,  55,  58,  59,  60 

numbering  of,  how  fixed 51 

walls  of..' 58,  148,  152,  155,  156,  291 

council  to  remove  dangerous  58,  60 

construction  of  chimneys 58,  162,  165,  286,  293 

construction  of  stoops,  ste])s,  l)ay  windows,  etc 59 

fences 55,  60,  283 

dangerous  buildings 60,  135,  136,  294 

care  of  school,  by  board  of  education 138,  408 

tax  for  school 138,  408 

within  fire  limits,  to  conform  to  certain  conditions 

• 152-174,  291 

permits  for,  given  by  fire  marshal 146 

plans  submitted  to  fire  marshal 147 

power  of  fire  marshal  over  construction  of ....  147,  168,  291 

examination  of,  by  fire  mar.shal 147 

unsafe  walls  of 148 

districts 151,  [52 

external  walls 152,  155,  158 

party  wall 152,  [53,  155-7 

foundation  wall  152,  155 

partition  wall 152,  157,  169,  172 

definition  of  tenement  and  lodging . . 152 

alterations  and  additions  to 152,  281 

notice  of  erection  to  fire  marshal 153,  282 

in  closure  of  .sites 154 


432 


INDKX. 


I’AOK. 

KUILIHNGS,  (council,  chief  engineer,  fire  limits,  streets.) 

sidewalks  around,  in  construction 154 

materials  not  to  be  placed  on  street  without  permission 

154,  372 

hollow  walls 158 

hall  partitions 158 

anchors 158 

brick  piers  and  iron  columns 159 

floor  beams  and  rafters ife 

stone  templates  when  required 160 

roofs  and  floors 160,  161,  162,  166 

cornices 162 

scuttles  and  skylights 162,  168,  290 

hearths  and  fireplaces 163 

smoke  pipes 163,  165,  286 

furnaces  and  registers 164 

woodwork  164,  166 

fire  plans  and  heaters 165 

steam  pipes  165 

doors 166,  1 71 

fire  escapes  167,  168,  284 

hoistways  and  elevators  169 

public 170 

stairs  170,  171 

stand  pipes 171 

overheads 172 

tenement  and  lodging  houses 172,  173 

stables  173 

wooden  buildings 173,  174 

plumbing  and  drainage  of  235,  237 

removal  or  enlargement  of 281,  283 

]ienalties  for  erecting  or  removing,  in  fire  limits 282 

permission  required  to  erect  wooden 282 

fences,  height  of 283 

chief  of  police  and  patrolmen  to  report  erection  of  new..  291 

fire  marshal  may  enter  to  inspect 292 

construction  of,  for  storage  of  petroleum 347,  348 

stairs  to  sidewalks,  not  to  be  erected  without  ])erniis- 

sion  ; 367 

])erniission  may  be  revoked 373 

])rojections  beyond  line  of  street  to  l)e  removed 377 

obstructions  in  .streets,  ])arks,  etc 380 

new  .schools,  act  of  1(894  415,  416 

nriLDING  DIvSTRICTvS,  (fires,  buildings,) 

boundaries  of  fir.st  131 

boundaries  of  .second 152 

roofs  in  fir.st  161 

wooden  buildings  in  fir.st 173 

wooden  buildings  in  .second 174 

HUDGin',  (mayor,  ) 

objections  to,  by  mayor 46 

of  board  of  education 135 


INDKX. 


433 


I’AfJK. 

BULLS,  (animals,  impounding,) 

not  buried  within  city  limits 252 

BURIALS,  (animals,  cemeteries,  council,  sextons,) 

council  to  regulate 57 

animals  within  city,  forbidden 252 

fees  for,  at  cemeteries 263 

hack  fees  at 307 

of  dead  animals  by  health  inspector 316 

BUvSINESS  HOURS,  (mayor,  city  treasurer,  assessors,) 

of  mayor 68 

city  engineer  must  give  public  notice  of 72 

of  city  treasurer  . 85 

of  assessors 91 

of  fire  marshal 146 

of  municipal  court  judge 194 

of  weigher  of  hay 312 

of  pawn-brokers  limited 345 

BUTCHERS,  (council,  markets,) 

power  of  council  to  license  and  regulate 55 

licensed  to  sell  on  market 318,  319 

BUTTERINE,  (council,  markets,) 

power  of  council  as  to  sale  of 60 

BY-LAWS,  (ordinances,  rules,  &c.,) 

power  of  council  to  pass 45,  64 

power  of  council  to  amend  and  repeal 64,  65 

when  copies  admitted  in  evidence 65 

violation  of 65 

to  govern  police,  power  to  pass 182 

repeal  of  by-laws 190 

of  water  works,  power  to  pass.  ...  226 

of  ninth  ward  cemetery,  power  to  ])ass 241 

CABMEN,  (council,  hacks,  &c.,) 

licen.sing  of 55 

CABS,  (council,  hacks,  &c.,) 

licensing  of 306 

rates  of  hire  specified 307 

CANDLES  AND  LAMPS,  (buildings,  fire,) 

use  of,  where  combustibles  are  ke])t 287 

CANNON,  (council,  fire  arms, ) 

discharging  witliout  permi.ssion,  penalty 279,  280 

CAPTAIN  OF  NIGHT  WATCH,  (police  department,) 

appointment  of  179 

duties  and  compensation  of . . . 180 

oath  of  office 180 

term  of  office 180 

sus])ension  or  removal  of 180 

CARAVANS,  (council,  exhibitions,) 

exhibiting  without  license  prohibited 275 


434 


INDKX. 


PAGE. 

CARD  PRAYING,  (council,  chief  of  police,  gambling,) 

power  of  council  to  restrain  or  suppre.ss 54 

penalty  for  permitting  gambling 273 

CARRIAGES,  (council,  hacks,  licensing,) 

licensing  of 55,  306 

rates  of  fare . 307 

stands  for 309,  310 

not  to  cross  bridge  after  signal 256 

CARTMEN,  (council,  hackmen,  licensing,) 

jurisdiction  of  common  council 55 

licensing  of 55 

penalty  for  allowing  vehicles  to  remain  on  bridges 255 

penalty  for  entering  on  bridge  after  signal 256 

licenses,  where  obtained 256 

penalty  for  non-compliance 256 

carts  to  be  numbered,  penalty 256 

rates  of  charges,  specified.  ...  257 

extra  compensation 258 

where  to  stand,  penalties  and  exceptions 258 

width  of  tire  specified,  penalty 259 

CATTLE,  (animals,  impounding,) 

impounding  of,  regulated  by  council 57,  250 

fees  for  weighing 312 

CELLARS,  (buildings,  health  officer,  council,  streets,) 

council  to  regulate  construction  of 59 

depth  of  foundations  of  buildings 155 

health  officer  empowered  to  inspect 316 

as  a nuisance,  prohibited  324 

CEMETERIES,  (council,  sextons,) 

powers  of  council  in  regard  to 57 

ninth  ward  cemetery,  law  of  1890 240 

duties  of  sexton  in  first  ward 260 

duties  of  sexton  in  Rose  Hill 260 

deeds  of  lots,  how  to  be  given 261,  262 

forfiture  of  lot 262 

reports,  how  to  be  made 262 

sexton’s  fees  for  digging  graves,  &c 263 

])enalties  for  obstructing,  injuring  and  de.secrating.  ...  263 

children,  unaccompanied,  not  to  enter 263 

hack  fees 307 

CEMETERY  NINTH  WARD. 

care  and  control  of  cemetery  240 

trustees,  appointed  and  terms  of 240 

vacancies 241 

appointments  filed 241 

organization 241 

rights  and  powers  241  \ 

transfer  of  funds 241 

powers  of  board  ...  241 

by-laws,  etc 241 


iNDKx.  435 

PAGE. 

CENTRAL  CITY  LIBRARY,  ( board  of  education, ) 

j^overned  by  board  of  education 139,  409 

CEvSSROOLS,  (council,  health  inspector,  nuisances,) 

contents  not  to  be  removed  without  permission 329 

CHARGES  AGAINST  OFFICERS,  (council,  depart- 

ments, ) 

jurisdiction  of  mayor 68 

superintendent  of  schools 133,  134 

members  of  police  commission  and  force 177,  180 

fire  commissioner  142 

firemen 144 

method  of  procedure  prescribed  . 189 

power  of  council 189 

removal  of  constables 194 

CHARTER  ELECTION,  (council,  elections,) 

when  held  and  notice  of 40 

opening  and  closing  of  polls 41 

ballots  used 39,  41 

qualification  of  voters 41 

canvass  of  inspectors  and  filing 42 

canvass  of  council  and  declaration 43 

tie  vote  and  special  elections 43 

power  and  duty  of  council 56 

of  1885  191 

special  water  election  in  1889 227,  228 

CHIEF  ENGINEER,  ( fire  department, ) 

• appointment  of 143 

suspension  of  subordinates — jjower  in 144 

.salary  fixed  by  board  of  commissioners 144 

control  at  fires 145 

may  call  for  police  assistance 145 

permission  to  take  fire  apparatus  from  city 145 

monthly  .statement  to  fire  commissioners 145 

may  request  fire  marshal  to  inspect  buildings 147,  292 

custodian  of  city  flags 264 

articles  deemed  dangerous 288 

designate  places  for  dangerous  articles 289 

cars  and  vessels  containing  gunpowder 289,  303 

inspect  and  remove  buildings  dangerous  from  fire,  . . . 294 

]K)wer  of,  in  sale  and  storage  of  gunpowder 301,  302 

to  designate  ])lace  of  transfer  of  ex])losives 304 

storage  and  removal,  etc.,  of  explosives 304,  305 

storage  of  hay  and  straw : 315 

])etroleum,  to  examine  storage  of 348,  349 

mu.st  be  notified  of  digging  of  trenches 375 

grant  permits  to  use  hydrants  for  fire  and  sanitary 
purposes 379 

CHIEF  OF  POLICE,  (police  department,) 

enforce  ordinances 66 

a.ssivSt  fire  de])artment 145 

ex-officio  clerk  of  board  of  commi.ssioners 178 


436 


INDKX. 


PAGE. 

CHIEF  OF  POLICE,  (police  department,) 

appointment  of 179 

duties  of 178,  179 

compensation  of 179 

monthly  report 179 

control  of  detective  force i8o 

oath  of  office 180 

term  of  office 180 

{suspension  or  removal  of 180 

issue  permits  for  carrying  pistols  243 

may  take  bail  and  perfect  bond 248 

enter  disorderl)’-  and  gambling  houses  and  arrest.. . 274,  275 
to  require  patrolmen  to  report  erection  of  new  build- 
ings   291 

complaint  book  for  violations  of  health  regulations ....  299 

health  ordinances  enforced 299 

may  inspect  pawnbrokers’  records 340 

appraise  value  of  pawned  goods,  when 342 

report  of  pawn-brokers,  daily 345 

may  detail  policemen  for  special  duty 352 

sidewalk  obstructions 364 

awnings . 365 

impound  detached  vehicles  found  in  streets 376 

supervision  of  wood  stands 389 

request  revocation  of  licenses  of  junk-dealers 399 

may  inspect  junk-dealers’  record-book 399 

CHIMNEYS,  (council,  buildings,  fire,) 

construction  and  sweeping  of ...  .58,  162,  163,  286  291,  293 

notice  of  unsafe 165 

not  burnt  out,  without  permivSsion 292 

CHIPS  AND  SHAVINGS,  (buildings,  fire,  ) 

safe  storage  of 287,  288 

not  to  be  scattered  on  streets 288 

not  to  be  thrown  on  streets,  park  or  sidewalk 375 

tight  conveyances  for 381 

CHURCHES,  ( buildings,  fire, ) 

stairways  in,  how  constructed 170 

churches  exempt  from  building  rules  how 172 

fire  escapes  neces.sary 284 

CIRCUSES,  (council,  exhibitions,) 

power  of  council 53 

licen.se  required  275 

CISTERNS,  (council,  buildings,  .streets,) 

power  of  council 54 

CITY, 

cor])orate  name  of 25 

sue  and  be  .sued 25  \ 

common  seal 25 

receive  and  convey  real  or  personal  e.state . 1 . . . 25 

corporation  property 25 


INDEX. 


437 

TACE. 

CITY, 

powers  and  privileges  of 26 

boundaries  defined 26 

election  of 40 

finances  and  property  in  charge  of  council 47 

taxes 94,  407 

sue  for  breach  of  official  bonds 186 

appeal  from  judgment  against 188 

enWcenient  of  judgments  in  favor  of 189 

liability  of,  for  injury  from  defective  sidewalks  or 

street 190 

action  against,  how  instituted  190 

records  and  documents  of 267 

real  estate  owned  by 267 

CITY  CLERK,  (council,) 

provide  separate  ballots  for  school  officers 39,  40 

notice  of  elections  given  by 40 

result  of  election  filed  with 42 

appointment  of 44,  70 

term  of  office  specified 44,  70 

certify  proceedings  of  council 45 

record  objections  of  mayor  in  full 46 

charge  of  corporate  seal,  etc 70 

countersign  all  licenses  granted  by  mayor 70 

keep  record  of  council  proceedings 70 

copies  of  assessment  rolls  to  be  made  70 

detailed  statements  of  finances  annually 70 

monthly  statement  to  council 71 

draw,  sign,  and  register  all  warrants  on  city  treasurer. . 71 

advertise  for  contracts  of  work  and  report  to  council ...  71 

ex-officio  clerk  of  board  of  health 71 

duties  incident  thereto 71 

furni.sh  copies  of  contracts  signed  and  re.solutions  of 
council  a])])roving  the  same  to  the  commi.ssioiier  of 

])ublic  works 76 

certificate  of  com]detion  of  work  filed  with 76 

receipt  of  property  of  city  filed  with 77 

clerk  of  police  justice  file  bond  with 79 

])ower  to  take  acknowledgements  and  affidavits 82 

a])prove  and  indorse  city  treasurer’s  bond 83 

asses.sment  rolls  delivered  to  90 

a.ssessment  rolls  delivered  by,  to  supervi.sors 90 

constables  file  bond  with 93 

assessment  rolls  delivered  to  city  treasurer 98 

notice  of  delivery  for  collection  piiblished 98 

objections  to  improvements  delivered  to 1 13 

execute  with  mayor  improvement  bonds j 14 

asse.ssment  rolls  of  local  ini])rovements  filed  with  ...  . 116 

written  ap])eal  from,  filed  with 116 

objections  to  sewers  filed  with 1 19 

advertise  for  proposals 123 


INDKX. 


43« 

PAGK. 

CITY  CLERK,  (council,) 

map  of  streets  filed  with 127 

M'ritteii  appeal  from  report  of  commissioners,  filed  with  129 

assessment  roll  of  opening  streets  filed  with  13 1 

council  may  direct  re-advertisement  for  proposals.  . 123,  185 

official  bonds  and  oaths  filed  with 186 

notice  of  action  against  the  city  served  on 190 

record  appointment  and  organization  of  water  board . . . 208 
proposals  received  and  contracts  of  water  board  filed 

with 217 

maps  of  water  board  filed  with . 220 

countersign  water  bonds 221,  41 1 

certify  bond  resolution  of  council  to  water  board 223 

waterworks  record  kept  by 226 

duties  in  water  election  of  1889  228 

mayor  file  appointment  of  Ninth  Ward  Cemetery  trus- 
tees with 241 

notice  of  sale  of  impounded  animals  filed  with  251 

furnish  numbers  to  cartmen  and  register  same 257 

sale  of  cemetery  lots  and  deeds  b}^ 262 

report  annually  to  council  cemetery  accounts  262 

keep  record  of  city  real  estate 267-268 

furnish  numbers  for  dogs  and  register  dogs 269 

issue  dog  licenses  and  receive  fees 269 

furnish  numbers  and  copies  of  rules  to  hackmen 308 

weigher  of  hay  report  monthly  to 314 

licensing  and  numbering  milk  venders 324 

keep  public  record  of  city  ordinances 336 

sign  pawn-brokers’  license  and  receive  fees 339 

register  cycles 370 

issue  permits  to  ride  cycles  on  sidewalks 371 

junk-dealers’  license 399 

receive  bill-poster’s  licen.se  fees  401 

receive  .statement  from  city  treasurer  of  sale  of  water 

bonds  413 

.sign  .school  bonds  of  1894 414 

CITY  ELECTIONS,  (charter  election,  council,  elections,  ) 

eligible  candidates  38 

when  held 40 

common  council  to  designate  polls 40 

notice  to  be  given  by  city  clerk 40 

])ublication  in  city  ])apers 41 

opening  and  closing  ])oll.s  41 

forms  of  ballots. 39,  41 

({ualifications  of  electors  41 

canvass  of  votes  and  certificate  of  result 42 

common  council  declare  officers  elected  43 

tie  vote 43 

special  election  and  notice  thereof 43 

vacancies,  how  filled 

council  to  make  all  ])rovi.sion.s  for  holding 56 

of  1885  191 

.si)ecial  water  election  of  1889 227,  228 


INDKX. 


439 


rA(;E. 

CITY  ENGINEER,  (council,  local  improvements, ) 

appointment  of 44,  72 

term  of  office  and  duties 72 

office  hours 72 

book  of  record  of  maps  and  surveys  of  streets,  etc 72 

establish  grades  under  direction  of  council 72 

make  maps,  surveys  and  estimates  necessary  72 

fees  and  compensation  to  be  turned  over  to  city  treas- 
urer  72 

opening  streets - 72 

make  examination  of  contract  work  upon  request  of 

commissioner 76 

survey  and  estimate  cost  of  sewers 119 

expense  of  two-foot  sewers 120 

supervise  city  contracts 123 

establish  grades  for  sidewalks  and  gutters 126 

place  sewer  inlets  126 

report  annually  to  common  council 420 

CITY  EXPENDITURES,  (aldermen,  council,  proposals,) 

ayes  and  noes  to  be  called  on 66 

contracting  debts,  payments,  etc 183 

liability  of  aldermen  for  unauthorized  appropriations.  . 183 

no  liability  of  city 184 

appropriations  to  be  specific 184 

common  council  to  audit  accounts 184 

debts  of  preceding  councils 184 

work  exceeding  $75  to  be  done  by  contract 185 

advertising  for  proposals 185 

right  to  reject  bids 185 

CITY  FRAGS,  ( chief  engineer,  fire  department, ) 

chief  engineer  to  be  custodian  of 264 

when  displayed 264 

penalty  for  injuring  or  defacing 265 

CITY  governmp:nt, 

organization  to  1893 ' 3-23 

of  1894 406 

CITY  HARR,  (council,) 

committee  of  council  to  have  general  charge  f)f 265 

by  whom  and  when  it  may  be  occupied 265 

taking  documents  from 267 

CITY  OFFICERS, 

1848  to  1893 3-23 

elective 38 

appointive 44 

duties  of 67-92 

reports  of ,• 419-420 

1894 406 

CITY  SEAR, 

city  may  make  and  use 25 

descri])tion  of 266 


440 


INDEX. 


I’AGE. 

CITY  TREASURER,  (assessments,  taxes,) 

mode  of  appointment 44,  83 

term  of  office,  etc 44,  83 

keep  record  of  all  bonds  issued  and  surrendered 62 

give  notice  in  newspapers  for  proposals  for  bonds 62 

open  proposals  for  bonds 62 

may  reject  bids  for  bonds  63 

pay  laborers  on  streets  from  highway  fund  73 

paying  inspectors  of  work 74 

pay  police  justice  and  clerk  of 78,  79 

costs,  fines,  etc.,  of  police  court  paid  to 80 

power  to  take  oaths,  etc 81 

bonds  of 83,  84 

office  hours  and  duties  specified 85 

record  of  non-residents 85 

taxes  and  assessments  rolls  when  delivered  to 86 

notice  of  receipt  of  rolls 86,  98 

collection  of  taxes 86,  98 

fees  86,  87,  98,  loi 

sale  of  real  estate  for  unpaid  taxes 87,  88,  102 

collection  of  unpaid  taxes 99,  loi 

deed  of,  for  taxes 105 

collection  of  taxes  by  action 106,  107 

local  improvement  bonds 114 

collection  of  local  assessments 117,  126 

school  funds 140 

school  fund  to  be  kept  separate 140 

school  fund  not  to  be  borrowed  or  diverted 140 

fire  department  funds 175,  176 

fees  for  searching  city  records  paid  to 184 

money  collected  i)y  suit  for  cit}'  paid  to. 185 

fees  of  officers  paid  to 187 

clerk  of  municipal  court  deposit  fees  and  statement  of 

monthly  with 205 

advertise  for  proposals  for  water  bonds 221,  412 

acce])tance  of  proposals 222,  412 

countersign  orders  of  water  board. 222,  412 

statement  of  sale  of  bonds  to  secretary  of  water  board . . 


canceled  water  bonds  delivered  to 224 

water  works  record  of 226 

, fees  collected  by  plumbing  board  paid  to 233 

receive  ])urchase  ])rice  of  cemetery  lots  262 

kee])  account  of  and  report  to  council  cemetery  fund.  . 262 

annual  report  of,  to  council 420 

recei])ts  of  cycle  register  de])osited  with  372 

advertise  for  ])ro])osals  for  school  bonds,  1894 414 

kee])  record  of  school  bonds 414,  415 

establish  the  .school  building  fund 415 

CEEANINU  CARITTI'S,  (streets,  jniblic  parks,)  \ 

prohibited  in  ])ublic  grounds  and  parks 338 


INDEX.  441 

CEERK  OF  BOARD  OF  HEARTH,  (board  of  health, 
city  clerk, ) 

city  clerk,  ex-officio 71 

keep  record  of  proceedings  and  contracts 298 

keep  record  of  licenses  and  permits 298 

complaint  book 299 

certify  to  expenses  incurred 300 

CLERK  OF  THE  MUNICIPAL  COURT,  (officials,  sala- 
_ ries, ) 

notice  of  appearance  of  attorneys  filed  with 198 

stipulations  of  attorneys  filed  with 198,  200 

power  of,  in  granting  executions  199 

court  fees  paid  to 200 

require  prepayment  of  fees — proviso 201 

appointment  of . 204 

oath  and  tenure  of  office 204 

keep  dockets  and  certify  copies  of  entries 204 

duties  of  clerk  and  deputy 204,  205 

powers  to  adjourn  court 205 

custody  of  official  seal 205 

salary  of,  and  of  deputy 205 

CLERK  OF  POLICE  JUvSTICE,  (bond,  salaries,  fines,) 

appointment  of  and  salary 79 

term  of  office  and  bond 79 

mayor  approve  bond 79 

keep  public  record  of  proceedings  of  police  court 80 

file  bonds,  documents 80 

receive  all  fines  and  deposit  with  treasurer 80 

COASTING,  (council,  streets,) 

penalty  for,  without  permission 332 

COFFINS,  (exhibitions,  undertakers,) 

undertakers  not  to  make  public  exhibit  of 277 

COMMISSIONERS  OF  DEEDS,  ( council,  mayor, ) 

appointment  of 44,  81 

number  of 44,  81 

term  of  office  and  vacancies,  how  filed 81 

])owers  of  81,  82 

COMMLSSIONERS  OF  HIGHWAYS,  (aldermen,  coun- 
cil, streets  and  highways,  ) 

duties  of 66 

mayor  and  common  council  compose  the 66 

COMMISSIONER  OF  PUBLIC  WORKS,  ( common  coun- 
cil, streets,  sidewalks,  .sewers,  local  ini])rovements, ) 

appointed  by  mayor 44,  73 

supervise  putting  wires  in  conduits  49 

may  make  arrests  for  violating  ordinances  66 

term  of  office 73 

salary  and  allowance  for  expen.ses 73 

depiity,  how  appointed  and  .salary 73 

may  ap])oinl  su])erintendeiits  of  re])air.s 73 


442 


INDEX. 


PAGE. 

COMMISSIONER  OF  PUBEIC  WORKS,  (common  coun- 
cil, streets,  sidewalks,  sewers,  local  improvements, ) 

salary  of  superintendents  73 

may  employ  laborers  and  teams,  how  paid 73 

weekly  report  to  council 73 

may  employ  inspectors,  compensation  of 73,  74 

expense  of  inspection  how  paid 74 

duties  of 74-77 

successor  of  superintendent  of  streets 77 

certify  completion  of  local  improvements 114 

certify  cost  of  improvements 114 

may  certify  partial  completion  and  cost  115 

supervise  construction  of  sewers  121,  123 

may  require  repair  of  sidewalk  and  gutter  125 

may  repair  sidewalk  or  gutter  if  owner  fails . 125 

send  statement  to  owner  and  file  with  assessors.  ...  125,  126 
issue  permits  to  connect  with  water  mains  or  sewers.  . . 239 

designate  where  garbage  vessels  shall  be  placed 296 

designate  places  for  vehicles 310 

may  order  hay  removed 313 

supervise  vendors  on  markets 318 

annual  report  of 420 

give  notice  to  non-residents  to  clean  gutters  and  side- 
walks  363 

may  order  articles  on  .street  impounded  364 

may  order  awning  removed 365 

grant  permission  and  supervise  digging  under  side- 
walks  366 

may  grant  permits  to  hucksters — condition 368 

determine  business  streets  annually 369 

grant  permits  for  materials  on  streets 372 

grant  permits  to  dig  up  pavements 374 

may  impound  and  sell  wagon  on  streets 376 

may  order  and  remove  fences 377 

may  order  and  remove  buildings  on  streets •377» 

grant  permit  to  remove  earth 378 

supervise  use  of  salt  on  streets 384,  385 

charge  of  wood  stand. 389 

COMMITTEE  ON  CITY  HADE,  (council, ) 

.standing  committee  of  council  to  have  charge 165 

COMMITTEE  ON  EICENSEvS,  (council,) 

regulate  cart  stands. 258 

may  change  or  transfer  licenses  of  porters 354 


COMMON  COUNCIE,  (aldermen,  departments,  mayor,) 


fix  polling  places.  . 40 

canva.ss  election  returns  and  declare  re.sult 42,  43 

order  .special  election  and  publish  notices 43 

may  create  nece.s.sary  subordinate  officers 44 

])re.sident  of 44» 

majority  vote  of  reciuired 4.5.  66 

legislative  powers  of -.15 


INDEX. 


443 

PAGE. 

COMMON  COUNCIL,  {aldermen,  departments,  mayor,) 

quorum 45 

annual  meetings 45 

organization  and  meetings 45 

appointment  of  officers 45 

resolutions  and  ordinances ' 45 

mayor’s  veto  and  proceedings  thereon 45,  46 

mayor’s  objections  to  budget 46  • 

two-thirds  vote  to  override  veto  of  mayor 47 

general  powers  of 47-65 

power  to  make,  amend,  and  appeal  ordinances.  .47,  64,  190 

control  of  conduits 49,  63 

enforcing  its  powers 56,  to,  65 

require  reports  of  officers 60 

to  designate  corporation  newspapers  and  compensa- 
tion of 61 

enter  into  contracts  and  borrow  money  61 

, issue  registered  or  coupon  bonds 61-63 

fix  fines  and  penalties 65 

violation  of  ordinances  a misdemeanor 65 

passage  of  motions  66 

ayes  and  noes  required  on  expenditure  of  moneys 66 

powers  as  commissioners  of  highways 66 

Onondaga  creek  channel 67 

fix  salary  of  mayor’s  clerk 68 

relation  of  mayor  to 69 

appoint  city  clerk  and  president 70 

prescribe  duties  of  city  clerk 70 

annual  and  monthly  statements  of  clerk  to 70,  71 

direct  city  engineer  in  establishing  grades 72 

prescribe  duties  of  city  engineer 72 

weekly  report  of  commissioner  of  ])ublic  works  to.  ...  . 73 

locate  crosswalks 75 

monthly  report  of  commissioner  of  jiublic  works  to.  . 75,  76 

certificate  of  commissioner  as  to  contract  work 76 

must  furnish  commissioner  with  tools  and  materials.  . . 77 

])owersof  council — vacancies  in  police'  justice 77 

fill  vacancies  in  office  of  justice  of  peace 79 

may  require  report  from  clerk  of  police  jiustice 80 

fix  salary  of  corporation  counsel 81 

a])point  commissioners  of  deeds 81 

appoint  city  treasurer 83 

j^rescribe  duties  of  treasurer 83 

fix  bond  of  treasurer 83 

fix  office  and  office  hours  of  treasurer 85 

exhibit  of  records  of  treasurer  to  finance  committee  of.  85 

appoint  constables  to  collect  taxes 87 

adopt  city  map 90 

furnivSh  assessors  with  office  and  stationery 91 

a])point  examiner  of  weights  and  measures 91 

appoint  hay-weigher  and  fix  compensation 92 

appoint  pound-keeper  and  sextons 92,  260 

approve  constables’  bonds 93 

authority  to  raise  moneys  by  taxes 94 -96,  407 


444 


INDEX. 


PAGE. 

COMMON  COUNCID,  (aldermen,  departments,  mayor,) 

misappropriation  of  funds  forbidden 97,  183 

personal  liability  of  members  97,  183 

reimburse  buyer  of  property  sold  for  taxes  with  in- 
terest  106 

correct  assessment  roll  by  two-thirds  vote 107 

renew  warrant  for  thirty  days 108 

relevy  taxes 108 

created  board  of  city  auditors 109 

local  improvements iii 

proceedings  regarding  local  improvements 112-114 

may  issue  local  improvement  bonds 114 

may  advance  to  contractors 115 

procedure  on  appeals  in  local  assessment  cases 116 

to  empower  freeholders  to  act  as  assessors 116 

sidewalks  and  gutters,  order  construction  of 118 

sewers,  construction  of,  declare  intention 118,  119 

issuance  of  notices  of  proposed  improvements 119 

hear  objections 119 

serve  and  publish  such  notices 119 

order  construction  of  sewers 119,  120 

sewerage  system,  may  change  if  incorrect 120 

increase  and  extend  sewerage  system 1 20-1 21 

repaving  by,  a local  improvement 121 

may  order  sewers  enlarged  in  streets  to  be  paved 122 

proposals  and  contracts 122,  123,  185 

advertise  for  proposals 123,  185 

right  to  reject  bids 123,  185 

repairs  to  sidewalks  and  gutters 124 

procedure  in  laying  new  sidewalk 124 

cause  sewer  inlets  and  gas  and  water  pipes  laid  126 

procedure  in  laying  out  new  streets 127-132 

board  of  education’s  annual  estimate  to 135 

reception  of  report  of  board  of  education 135,  136 

certify  amount  appropriated  to  board  of  education. ....  136 
power  of,  to  raise  money  for  school  jnirposes.  . 138-139,  408 

may  recpiire  reports  of  superintendent  of  schools 138 

jurisdiction  over  fire  department  141 

reasons  for  removals,  transmitted  to,  by  mayor.  . . . 142,  177 

salaries  of  fire  department,  approved  by 144 

fire  commissioners  to  submit  monthly  report 145,  146 

fire  marshal  make  (piarterly  and  annual  rejiorts  to 150 

fire  department  jiroperties 176 

])rovide  rooms  for  police  commissioners 177 

appointment  of  additional  policemen 178 

may  recpiest  special  jiolicenien  178 

removals  from  ])olice  force,  on  charges  transmitted  to.  180 

provide  station  house  and  ])olice  accommodations 183 

only  to  authorize  expenditures 183 

appropriations  to  be  made  s])ecific 184 

audit  accounts 184 

])rescribe  fees  of  officers 184,  187 

fix  fees  for  .searching  records 18.} 

debts  of  preceding  councils 184 


INDKX. 


445 


i>a(;k. 


COMINION  COUNCIIv,  (aldermen,  departments,  mayor,) 

to  bring  action  therefor 

proposals  to  be  advertised  for  contract  work  over  . . 

recjuire  filing  bonds  of  officials 

prescribe  form  of  affidavit  to  accounts 

when  declare  offices  vacant  and  fill  same 

fix  compensation  of  officers 

to  hear  and  determine  charges 

repeal  of  by-laws  and  ordinances 

to  make  provisions  for  holding  charter  election  in  i<SS5. 
provide  rooms,  materials  and  salaries  of  municipal 


court . 

may  issue  water  bonds 

fix  depositories  of  water  bonds, 222, 

fix  depositories  of  income  of  water  board .... 

water  board  report  to 225, 


to  provide  in  tax  levy  for  expenses  of  plumbing  exam- 
iners  

trustees  of  police  pension  fund  report  to  annually 

ordinances  of  city  made  by 

poundmaster  to  report  to  quarterly  

license  auctioneers  and  revoke  same 

fix  bathing  places ...  . . 

fix  cart  stands 

report  of  clerk  and  trea.surer  of  cemetery  funds 

sexton  to  report  certificates  granted  

may  order  flag  displayed 

may  license  exhibitions 

may  grant  permission  to  discharge  firearms  and  works. 

grant  permits  to  remove  buildings 

grant  permits  for  high  fences 

grant  permits  to  collect  garbage 

to  audit  expenses  of  board  of  liealth  

storage  and  sale  of  explosives 

storage  of  hay  and  straw 

health  officers  to  carry  out  orders  of 

meat  vendors’  licenses  and  revocation 

grant  license  to  peddle  goods 

ball  playing  and  coasting  on  .streets 

grant  permits  to  carry  jflacards 

.street  parades,  grant  j)ermits  for 334, 

ordinances  by 

pawn-brokers’  licenses  

annual  reports  recpiired  from  officials  to 

grant  permissions  to  erect  awnings  or  coverings  over 

sidewalks 

grant  ])ermis.sion  to  erect  stairs  over  sidewalks 

revoke  power  to  use  streets  for  building  material 

authorize  officers  to  remove  building  from  street 

permission  of,  neces.sary  for  poles  and  wires  in  streets, . 

sealer  to  report  to , 

a])point  wood-measurer 

issue  school  bonds , 

a])prove  sites  and  construction  of  school  houses 

add  principal  and  interest  of  school  bonds  to  tax 


184 

185 

186 

187 
187 
187 

189 

190 
19T 

195 

221 

412 

224 

226 

238 

244 

249 

251 

253 

255 

258 

262 

262 

265 

275 

279 

283 

283 

297 

300 

300 

315 

315 

318 

321 

332 

333 
335 
335 
339 
419 

365 

367 

373 

380 


389 

414 

416 

417 


446  INDKX. 

PAGE. 

CONCERTS,  (council,  exhibitions,) 

power  of  council  in  regard  to 53 

license  required  in  certain  cases — exception 275 

permission  required  for  street 335 

CONDUITS,  (council,  telegraph  wires,) 

council  may  order  wires  placed  in 49,  63 

consent  of  council  required 49 

regidations  concerning 49,  63 

removal  and  alteration  of 49,  50 

council  to  regulate 52 

removed  when  in  the  way  of  sewers 64 

when  cit}’  may  remove 64 

CONSTABLES,  (elections,  taxes,) 

elected  how  38,  93 

collection  of  taxes  by 87,  88,  99 

duties  and  compensation.  93 

filing  bonds 93 

liability  of  sureties  on  bonds  of 94 

power  of  judge  of  municipal  court  over — removal  of. . . 194 

CONTRACTS,  ( city  clerk,  city  engineer,  council,  pro- 
posals, ) 


city  clerk  to  advertise  and  receive  proposals ...  7 1 , 123,  185 

commissioner  of  public  works  not  to  enter  into 75 

supervision  of,  by  whom 75)  77>  123 

police  to  report  violations  of 76 

commissioner  of  public  works  to  certify  to  work  done 

under 76 

copies  of,  furnished  by  city  clerk 76 

over  $250.00  corporation  council  mii.st  certify  as  to 

form  of 80 

advances  on 115 

over  $75.00  to  be  let  to  lowest  bidder .123,  185 

bond  for  fulfilment  of 123,  185 

council  prescribe  form 123 

right  to  reject  bid 123,  185 

board  of  education,  with  teachers 136 

of  board  of  education,  for  schools . 136,  137 

city  ex])enditures  1)%"  contract 183 

liability  of  aldermen  for  unauthorized 183,  184 

aldermen  and  school  commissioners  mu.st  not  be  inter- 
ested in — penalty 188 

action  on  in  municipal  court 195 

water  board  may  enter  into 208,  209,  219 

water  board  to  advertise  for  ])ropo.sals 217 

water  board  right  to  reject 217 

of  water  board  filed  with  city  clerk 217 

board  not  be  interested  in 218 

of  water  board  open  to  in.spection 225 

of  l)oard  of  health  for  removal  of  garl)age 295 


FNDKX. 


447 


TAGE. 

CORPORATE  NAME, 

powers  and  liabilities  under 25 

actions  brought  by  water  board 225 

CORPORATION  COUNvSET,  ( council,  mayor,) 

appointment  of 44,  So 

term  of  office So 

duties  and  compensation So  Si 

certify  contracts  over  $250.00  as  to  form So 

certify  form  of  bonds  and  deeds So,  Si 

when  retain  costs ..  Si 

office  of  city  attorney  changed  to Si 

take  oaths  and  affidavits Si,  82 

collect  penalties  under  building  law 150 

complaints  against  buildings  referred  to 150 

report  of,  to  council  annually 420 

CORPORATION  NEWvSPAPERS,  (city  clerk,  proposals,) 

number  of  and  how  designated 61 

politics  and  compensation  61 

what  required  to  publish 61 

notice  of  revision  of  tax  rolls 100 

list  of  unpaid  taxes  published  in 102 

notice  of  local  improvement  assessments 115 

notice  of  intention  to  build  sewers . 1 19 

advertise  for  proposals  in . . 123,  1S5 

notice  of  proceeding  for  new  streets 1 2S 

completion  of  assessment  roll  of  new  streets,  notice  of 

published  in 131 

new  rules  in  municipal  court  published  in 19.S 

ordinances  published  in 335 

CORNSTALKS,  (hay,  straw,  ) 

market  designated  for  sale  of  3 1 i 

fees  for  weighing 311 

COUNTY  CLERK’S  OFFICE,  (bonds,  documents,) 

city  treasurer  file  bond  in 83 

treasurer’s  bond  as  collector  of  county  taxes  filed  in.  . . 84 

assessors  obtain  list  of  transfers  from 91 

treasurer  file  list  of  unjiaid  taxes  in irx),  loi 

searches  obtained  from  in  tax  sales 105 

effect  of  delay  in  filing  list  of  taxes 109 

map  of  new  streets  proposed  filed  in 127 

map  of  altered  streets  proposed  filed  in  127 

payment  into,  of  disputed  money  of  new  streets 132 

oath  of  office  of  police  officers  filed  in 180 

oath  of  office  of  municipal  court  judges  filed  in 193 

alterations  of  rules  of  jiractice  in  municijial  court  filed.  198 

docketing  judgments  of  niunici])al  court  in 199 

ap])ointnient  of  clerk  and  deputy  of  municiiial  court 

filed  in 204 

order  of  court  in  water  matters,  rect^rded  in 215 

result  of  water  election  filed  in 227 

city  clerk  record  deeds  of  city  in 268 


INDEX. 


448 


PAGE. 

COURTS,  (police,  municipal,) 

police  78 

municipal 193-206 

COWS,  (animals,  council,  impounding,) 

jurisdiction  of  council  over  dairies  and  cows 47,  48 

impounding  of 57 

fees  for  impounding  of 250 

buried  without  city  limits 252 

milk 322-324 


CROSSWALKS,  (sidewalks,  highways,  streets,) 

power  of  council  in  regard  to. 52,  59 

powers  of  commissioners  of  highways 66 

engineer  to  establish  grade  of,  approval  of  council 72 

commissioner  of  public  works  to  inspect  and  locate ....  75 

garbage  receptacles  not  to  be  placed  on 296 

railroad  trains  not  to  be  stopped  on 357 

street  cars  not  to  stop  on— exception 359 

to  be  kept  free  from  obstructions 363,  378 

permission  to  disturb  crosswalk 373 

sprinkling  of,  forbidden 382 

cruelty  to  animals,  ( animals,  council, ) 

penalty  for 252 

CURBSTONES,  (council,  gutters,  sidewalks,  streets,) 

jurisdiction  of  council  over 52 


DANGEROUS  BUILDINGS,  ( council,  streets,  ) 

power  of  council  to  raze  or  demolish 58,  60 

power  of  fire  marshal  over 148,  149,  153 

power  of  chief  engineer  over 294 

DANGEROUS  MANUFACTURES,  (council,  buildings, 
fire,) 

power  of  council  in  regard  to 59 

dangerous  articles  to  be  removed 288 

DEAD  BODIEvS,  (exhibitions,  undertakers, ) 

not  to  be  exhibited  in  public  places 277 


DEADLY  WEAPONvS,  (council,  firearms,  offences  against 


public  peace,) 

carrying  of,  prohibited 331 

DEATH  CERTIFICATES,  (physicians,  vital  statistics,) 

physicians  to  file 350 

DIRKS,  (council,  deadly  weapons,  public  peace, ) 

carrying  of,  prohibi{ed 331 


DEFECTIVE  SIDEWALKS,  ( council,  streets,  ) 

duty  of  commi.ssioner  of  public  works 75 

liability  of  city  for  injuries 190 

notice  of  action  for  damages  from  injuries  from 190  ^ 


DESP)RTlON  Ob'  FAMILY,  ( mi.sdemeanors, ) 

])enalty  for  leaving  wife  and  children  a ])ul)lic  burden.  332 


INDEX. 


449 


PAGE. 

DETHCTIVKS,  ( ])olice  departinent,  ) 

appoiiitinent  of 180 

number  of,  specified..  . 180 

compensation  of 180 

under  direction  of  chief  of  police 180 

suspension  or  removal 180 

not  to  receive  rewards 182 

salary  how  paid 182 

power  of  police  commissioners  to  pension  when 245 

amount  of 245-248 

penalty  for  resisting 352 

citizens  must  aid,  when  called  upon 353 

DISORDERLY  HOUSES,  ( council,  gambling,  prostitu- 
tion, ) 

powers  of  common  council  in  regard  to 54 

penalty  for  keeping 273 

officials  authorized  to  enter,  and  arrest 275 

DISTILLERIES,  (nuisances,  sidewalks,) 

foul  discharges  on  streets  forbidden 325 

DOCKET,  (municipal  court,) 

how  kept  in  police  court 80 

how  kept  in  municipal  court 204 

DOCKS,  ( council,  streets, ) 

jurisdiction  of  council  over 51 

fires  not  to  be  kindled  on  without  ])ermission 290 

DOCUMENTS  AND  RECORDS,  (city  clerk,  city  hall, 
real  estate, ) 

in  charge  of  city  clerk 70,  267 

of  fire  marshal 150 

records  of  water  board,  subject  to  inspection 225 

penalty  for  taking  from  city  hall  building 267 

deeds  of  city  to  be  recorded 267 

record  of  city  real  estate 267 

record  of  ordinances  of  city  of  Syracuse 336 

of  pawn-brokers 340 

of  junk-dealers 399 

DOGS,  (animals,  council,  impounding,) 

licensing  and  registering  of 52 

council  to  regnlate  ini])ounding  and  killing  of 57 

license  recjuired — penalty 269,  270,  272 

metal  tag  must  be  worn 269 

expiration  of  license 269 

fees  for  license 269 

tags  numbered 269 

penalty  for  interfering  with  officer 270,  271 

city  clerk’s  record 270 

catcher  of,  mayor  appoints 270 

redemption  of 270 

compensation  for  capturing 271 

‘49 


450 


INDEX. 


PAGE. 

DOGS,  (animals,  council,  impounding,) 

pound-keeper  must  make  report  to  council 271 

ownership,  how  determined 272 

bitches  not  to  run  at  large 417 

DRAINS,  (sewers,  public  health,  streets,) 

deposit  of  ashes,  dust,  etc.,  in,  forbidden 51 

jurisdiction  of  council  over 54 

health  officer  empowered  to  inspect 316 

nuisance  prohibited 324 

contents  of  not  to  be  removed  without  permission 329 

DUALINE,  (explosives,  gunpowder,) 

jurisdiction  of  council 54 

storage  and  sale  of 289,  304 

DYNAMITE,  (explosives,  gunpowder,) 

jurisdiction  of  council 54 

storage  and  sale  of 289,  300,  304,  305 

license  required  to  keep 300 

ELECTIONS,  (council,  charter  elections,) 

city  officials 38,  56,  67,  77,  88,  193 

ward  officials 38,  56,  92,  93 

qualifications  for  office 3^,  39,  194 

when  to  be  held 40 

designation  of  polling  places 40 

notice  of 40 

time  of  opening  and  closing  polls 41 

ballots  and  contents 41 

form  of  ballots 40,  41 

qualifications  of  electors  41,  42 

general  election  law  applicable 42 

canvass  of  votes  and  statement  of  result  42 

declaration  of  results  by  council 43 

tie  vote 43 

special 43 

vacancies,  and  how  filled 43 

council  to  regulate  and  protect 56 

filing  bonds  and  oath  of  office 186 

terms  of  office 186 

immunity  from  arre.st  on  day  of 188 

regulations  for  1885 191 

of  judges  of  municipal  court 193 

of  justices  of  the  peace  discontinued 205 

special  water 227 

ELECTRIC  LIGHTS,  (council,  fire  alarm,  .streets, ) 


wires  placed  under  ground  by  order  of  council.  .48,  49,  63 

commissioner  of  public  works  has  siq^ervision  of. ...  74,  75 

wires  not  to  interfere  with  fire  alarm  telegraph 278 

])oles,  etc.,  not  to  be  placed  without  permission 383  \ 


TNDKX. 


451 


ELIGIBILITY  OF  INHABITANTvS,  (elections,  judges, ) 

to  office 

of  women  to  office 

of  acting  tn  suits  in  which  city  is  party 

to  be  municipal  court  judge 

to  act  as  plumbers 


PAGE. 


38 

39 
188 


194 

234 


ENGINES,  (council,  fire,) 

provided  with  spark  arresters 293 

stationary,  precaution  against  fire  293 


E.  O.  TABLES,  (disorderly  houses,  gambling,) 

])enalty  for  mainvaining  and  keeping 274 

EXAMINER  OF  WEIGHTS  AND  MEASURES,  (council,) 

appointment  of 44,  91 

duties  specified 386,  387 

fees  of 386,  387 

penalty  for  disregarding  orders  of 388 

EXHIBITIONvS,  (council,  concerts,  circuses,  etc.,) 

power  of  council  in  regard  to 53,  54 

specified  for  which  licenses  must  be  had 275 

penalties  for  non-compliance 276 

exhibitors  to  provide  ])olice 276 

exem])t  from  license  when 276 

])enalty  for  indecent  exjjosure  of  ])ersoh 277 

penalty  for  selling  obscene  literature 277 

penalty  for  exhibiting  immoral  jdays 277 

penalty  for  exhibiti'  g coffins,  etc 277 

undertakers  not  allowed  to  exhibit  dead  bodies 277 

EXPLOSIVE  MATERIALS,  (council,  gunpowder, ) 

jurisdiction  of  council  in  regard  to 54 

storage  and  .sale  of 289,  300,  302,  303,  304,  305 

license  recjuired 300 

only  sold  in  daylight  302 

EXPRFkSSMPlN,  (council,  hacks,  licensing,) 

licen.sing  of 55,  58,  306 

license  fees  of 307 

regulation  of 308 

not  to  enter  depot 309 

I'ACTORIES,  (buildings,  fires,  fire  e.sca])es, ) 

stairway  ]xirtitions  in 169 

fire  e.scapes  to  be  provided 167,  284 

P'ALSPi  ALARM,  (fire,  fire  alarm  telegraph,) 

penalty  for,  of  fire 278 

p'alsp:  swearing, 

perjury 188 

h'ARO  BANKS,  (disorderly  hoirses,  gambling, ) 

penalty  for  keeping  or  maintaining 274 


452 


INDEX. 


PAGE. 

FEES,  (council,  city  treasurer,  taxes,) 

fixed  by  common  council 47,  55,  56,  57,  88,  89 

of  inspectors  of  local  improvements 74 

on  state  and  county  taxes 86,  87 

city  treasurer  receives  tax  fees 88 

on  city  taxes 9^)  99)  loi 

treasurer’s  fees  for  conveyance 105 

of  commissioners  on  tax  appeals 117 

on  local  assessments 118 

firemen  not  to  receive 144 

policemen  not  to  receive 181 

for  searching  records  of  city  184 

paid  city  treasurer 187 

municipal  court  fees  in  civil  action 200,  201,  202 

water  rates  fixed  by  water  board 224 

examination  fees  of  plumbers  233 

bail  bond  fees  in  police  pension  fund 243,  248 

for  pistol  permits 243 

of  pound-keeper 250 

city  not  liable  to  pound-keeper  for  252 

for  auctioneer’s  license 254 

for  cartmen’s  license 256 

of  cartmen  fixed 257 

for  digging  graves 262 

for  use  of  city  hall,  how  fixed 265 

for  dog  license 269 

of  dog-catchers 270 

for  hackmen’s  license 306 

for  coach  hire 307 

for  weighing  hay,  straw,  lime,  cattle,  etc 311,  312 

for  vendors’  license 318,  322 

for  milkmen’s  license 323 

for  pawn-brokers’  license 339 

of  pawn-brokers  fixed 341 

for  porters’  license  354 

for  registering  bicycles 371 

for  registering  bicycle  transfers 371 

for  bicycle  riding  permits 371,  372 

of  sealer  of  weights  and  measures 386,  387 

of  wood  measurer  390 

for  junk-dealers’  license  399 

for  bill-posters’  license 401 

for  bill  distributors’  license 401 

of  bill  distributors  and  posters 402 

FENCEvS  AND  ADVERTFSING  BOARIXS,  (council,  fire, 
streets, ) 

authority  of  council  over 50)53)55)  60 

inclosure  of  building  sites 154 

fences  in  cemeteries  not  to  be  injured 263 

regulation  height  of 283 

permission  required  for  advertising  boards  on  streets. . 333 

fences  in  parks  not  to  be  injured 337 

encroaching  on  streets  to  be  removed 376,  380 


INDEX. 


453 


PAGE. 

FIRE,  (board  of  fire  coiiiniissioners,  fire  limits,  chief  en- 
gineer, ) 

storing  and  removal  of  dangerous  explosives.  . .54,  288,  289 

power  of  council  in  regard  to  dangers  from 58,  59 

. authority  at  fires 145 

right  of  way  going  to 145 

fire  marshal  to  examine  buildings  to  prevent 147,  291 

duty  of  fire  marshal  at 148 

investigating  cause  of 149,  150 

precaution  for  prevention  of 15 1-174,  286-294 


chimneys  and  flues 162 

hearths  and  fire  places 163 

smoke  pipes 163 

furnaces  and  registers 164 

fire  places  and  heaters 165 

steam  pipes 165 

boiler  rooms  and  houses 1 66 

drying  lumber 167 

fire-proof  partitions 169 

limits •••58,  151,  280,  281 

giving  false  alarms  of 278 

blasting  forbidden 279 

pipes  enter  brick  or  stone  chimneys 286 

kept  in  proper  receptacles 286 

combustibles  where  to  be  deposited 286 

candles  and  lamps 287 

not  to  be  kindled  in  streets 290 

fire  marshal  to  inspect  buildings 291 

burning  out  of  chimneys 292 

precautions  in  the  the  use  of  engines  and  locomotives.  . 293 

construction  of  chimneys 162,  163,  293 

storage  of  dangerous  explosives 303,  304 

FIRE  AEARM  TEEEGRAPH,  (fire  department, ) 

jurisdiction  of  council 14 1 

appointment  of  sujierintendent 143 

salary  of  superintendent 144 

under  control  of  board  of  commissioners 150 

keys,  making  or  having,  without  perniisssion,  penalty. 

277,  278 

false  alarm,  penalty 278 

destroying  apparatus,  penalty 278 

telegraph,  telephone  and  electric  wires  not  to  interfere 
with 278 

I'lREARMS,  (council,  deadly  weapons,) 

jurisdiction  of  common  council 54 

permits  to  carry  pistols 243 

discharge  of,  forbidden,  penalty 279 

carrying  of,  forbidden  331 

FIRE  DEPARTMENT,  (board  of  fire  commissioners,  fire 
limits,  chief  engineer,) 

jurisdiction  of  mayor  69 


454 


INDEX. 


PAGE. 

FIRE  DEEx-YRTMENT,  (board  of  fire  coniinissioiiers,  fire 
limits,  chief  engineer,) 

limiting  expenses  of 94 

pay  of 141,  144 

under  supervision  of  commissioners 141 

jurisdiction  of  council  over  all  property  and  apparatus. 

; 141,  175 

powers  and  duties  of  board  of  commissioners 142 

officers  of 143 

number  of  men  limited 143 

appointment  of  chief  engineer  and  others  143 

suspension  of  members  of 144 

salary  of  chief  and  other  employees  of 144 

members  forbidden  to  solicit  money  for 144 

political  rights  and  opinions  of  members 144 

members  not  in  political  conventions 144 

authority  of  chief  and  commissioners  at  fires 145 

call  on  police  for  assistance 145 

competitive  trial  forbidden , 145 

taking  apparatus  out  of  city 145 

apparatus  to  have  right  of  way 145 

obstructing  firemen,  a misdemeanor 145 

chief  engineer  to  report  monthly 145 

fire  marshal,  powers  and  duties 146-150 

fire  alarm  telegraph,  control  of 150 

fines  recovered  under  building  law,  where  paid 175 

funds  for  use  of  sick  and  disabled  firemen 175 

property  to  be  turned  over  to  council 175 

chief  engineer  keeper  of  flags  and  flagstaff 264 

fire  limits 280,  281 

permit  of  fire  marshal  to  erect  wooden  buildings  ....  282 

dangerous  articles  to  be  removed  by 289 

dangerous  structures  to  be  removed 294 

chief  engineer  of,  to  supervise  storage  of  petroleum.  . 349 

annual  report  of,  to  council 361 

notice  of  open  trenches  to,  when  necessary 374 

drawing  water  from  hydrants  379 

FIRE  FISCAPES,  (chief  engineer,  fire  dejiartment,  fire 
marshal, ) 

erection  of 167,  168,  284,  285 

.scuttles  and  stairways 162,  168,  290 

FIRE  EIMITvS,  (boundaries,  fire  department, ) 

jurisdiction  of  council 58,  59 

how  buildings  constructed  ..152-174 

construction  of  fire  escapes 167,  284-285 

construction  of  wooden  buildings 173,  174,  280 

removal  or  enlargement  of  buildings  on 281-283 

a.sh  receptacles 281 

])ermis.sion  of  fire  marshal  for  erection  of  wooden 

building 282 

regulating  height  of  fences  and  advertising  boards 283 

.storage  of  gunpowder 304. 

.storage  of  hay  and  straw  315 

storage  of  petroleum  and  oils 346-348 


INDEX. 


455 


FAGK. 

FIRE  MARSHAL,  ( fire  department, ) 

appointment  of  and  term  of  office 146 

qualifications  for  office 146 

salary  and  office  hours ; 146 

removal  of 146 

grant  building  or  repair  permits 146,  147,  282 

submission  of  plans  to 146 

enter  upon  premises  and  inspect 147,291,  292 

duty  at  fires 148 

give  notice  to  owners  of  changes  necessary..  . . 148,  149,  285 

may  cause  things  done 148,  149 

unsafe  walls  and  buildings 148 

investigate  causes  of  fires 149,  150 

penalty  for  hindering  or  obstructing 150 

keep  book  of  record 150 

reports  of,  to  council 150 

relation  to  corporation  counsel 150 

ten  days’  notice  of  building  to 153 

supervise  scaffolding 154 

remove  rubbish 155 

notice  to  owners  of  unsafe  chimneys  or  flues 165 

require  fire  escapes 167,  168,  284 

approve  fire  escapes,  how  constructed 168,  172,  285 

construct  fire  evScapes 168 

stairs  and  ladders 168 

control  elevators  for  grain  and  coal 173 

control  teni])orary  sheds 173 

grants  sjiecial  permits  for  churches  and  chajiels 174 

permits  to  repair  wooden  building  damaged 281 

fix  damages  from  fire  when 281 

grant  permits  to  move  buildings 283 

permit  chimneys  to*  be  burned  out 295 

annual  report  of,  to  council 362 

FIREvS  IN  STREETvS,  (council,  streets,  fires,) 

not  to  be  kindled  without  ])ermission 290 

FIRE  RELIEF  FUND,  (fire  department,  city  treasurer, ) 

fines  recovered  credited  to 175 

tax  on  foreign  insurance  comj)anies 175 

])aid  to  city  treasurer 175 

used  for  benefit  and  relief  of  firemen 175 

I'lREWORKS,  (council,  explosives,) 

jurisdiction  of  council 54 

penalty  for  discharging  within  city  limits 279 

FISH,  (markets,  streets,) 

council  to  fix  place  for  sale  of 56 

sale  of,  on  bridges,  prohibited 255 

where  sold 320 

public  weigher  to  weigh 322 

FORESTALLERS,  (council,  markets,) 

council  to  regulate  and  license 57 


456 


INDKX. 


PAGE. 

FOWLING  PlECEvS,  (firearms,) 

penalty  for  discharging  without  permission  of  council.  279 

FRUITS,  (markets,  streets,) 

sale  of,  on  bridges,  prohibited  255 

public  market,  designated  for  sale  of 319,  320 

license  to  sell  necessary 321 

fees  for  license  to  sell 321,  322 

FURNACES,  (buildings,  fires,) 

precautions  against  fires 164,  286 

GAMBLING  HOUSES,  (council,  disorderly  houses,  police,) 

powers  of  council 54 

penalties  for  keeping  or  visiting 273 

penalties  for  keeping  gambling  devices 274 

penalties  for  re.sistance  to  officers 274 

pool  tables  in  saloons 274 

authority  of  officials  to  enter  and  arrest 274,  275 

destroy  instruments,  etc 275 

GAMES  OF  CHANCE,  (council,  dssorderly  houses,  gam- 
bling houses, ) 

powers  of  council  to  suppress  and  restrain 54 

GAMING  tables,  (council,  gambling, ) 

power  of  council  to  suppre.ss  and  restrain 54 

penalty  for  keeping 274 

garbage:  and  offal,  (council,  board  of  health, 

nuisances, ) 

authority  of  council 51 

board  of  health  may  have  removed 295 

materials  specified 295 

covered  vessals  required 295 

not  placed  in  streets 296 

kept  free  from  other  refuse 296 

disputes  how  settled 296 

permits  from  council  for  collection  and  transportation . 297 

vehicles  water-tight  and  covered 297 

carts  marked  and  inspected 297 

unneces.sary  filth  forbidden 298 

when  removed 298 

when,  where  and  how  dispo.sed  of 298 

complaints  of 299 

])olice  to  enforce  ordinances 299 

ex])enses,  how  paid  for  removal  of. 3(X4 

duties  of  health  ins])ector 316 

not  to  be  allowed  on  street  or  sidewalk.  . .325,  326,  362,  375 
mu.st  be  transported  in  tight  conveyances 381 

GEESE,  (animals,  council,  impounding,) 

council  to  regulate  impounding  of 57 

fees  for  impounding 250 


INDEX, 


457 


PAGE. 

GIANT  POWDER,  (council,  gunpowder,  explosive  ma- 
terials, ) 

council  to  regulate  storage  of 54 

storage  and  sale  of 288,  289,  300,  304 

license  required  to  keep  300 

permits  to  keep  or  store 304 

GOATS,  (animals,  impounding,) 

council  to  regulate  on  streets 51 

fee  for  impounding 250 

not  to  run  at  large 252,  253 

GRAIN,  (markets,) 

council  to  regulate  sale  of 56 

erection  of  elevators  of 173 

where  sold 319 

public  weigher  to  weigh 322 

GRASS,  (council,  streets,  sidewalks,) 

duties  of  commissioner  of  public  works 74,  75 

duty  of  sexton  of  Rose  Hill  cemetery 260 

injuring  grass  in  parks  or  cemeteries 263,  338 

cut  from  sidewalks  and  gutters  362 

not  to  be  thrown  on  street,  gutter  or  sidewalk 375 

GUN-COTTON  (gunpowder,  etc.,) 

jurisdiction  of  council 54 

GUNS,  (council,  firearms,) 

jurisdiction  of  council 54 

penalty  for  discharging,  without  ])ernii.ssion 279 

GUNPOWI)P)R,  (council,  explosives,  fire,) 

jurisdiction  of  council 54 

power  of  fire  marshal 148 

storage  of 167,  288,  289 

blasting  forliidden  without  pernii.ssion 279 

vessels  containing,  to  lie  assigned  ])laces 289 

penalties 290 

license  required  for  keejiing 300 

quantity  allowed,  and  manner  of  keeping 300 

sale  of  and  conditions  to  be  observed 301 

not  sold  or  exposed  except  by  daylight 302 

carriage  of,  through  streets. 302 

transportation  by  boat  or  railroad 303 

chief  engineer  to  designate  place  of  transfer 304 

permission  for  .storing,  etc 304 

authority  of  mayor  and  chief  engineer  305 

GUTTPvRS,  (highways,  sidewalks,  streets,  etc.,) 

council  regulate  cleaning 52,  1 28 

commissioner  of  public  works  to  inspect 75 

jiower  of  commissioners  of  highways 66 

ordered  how 118 

pavements  include  gutters 121 

making  and  repairing  of 124 


458 


INDEX. 


PAGE 

GUTTERS,  (highways,  sidewalks,  streets,  etc.) 
owners  must  keep  gutters  clean  and  repaired 

snow,  ice  and  obstructions  removed 

grade,  how  fixed 

macadamized  streets 

rubbish,  dirt  or  grass  not  to  be  thrown  in. . . 

GUTTER  STONES,  (council,  sidewalks,  streets,) 


power  of  council 52 

HACKS,  (council,  licenses,) 

power  of  council  to  license  and  regulate 55,  58 

numbering  of 55,  58 

to  be  licensed 306 

license  fees  and  penalt}’- 307 

rates  of  fare  for  coach  hire 307 

no  charges,  in  what  cases 308 

penalties  for  violations. 308 

regulations,  number  and  fees  kept  in  view 308,  309 

stands  prescribed  and  regulations 309 

hackmen  to  enter  depots 309 

disinfected  after  carriage  of  infectious  diseases 310 

penalty  for  immoderate  driving  of.  331 

not  to  obstruct  sidewalks  or  crosswalks 363,  364,  378 

HACK  HIRE,  (fare,  hacks,) 

specified 307 

HACKNEY  COACHEvS,  (council,  hacks,  coaches,) 

licensing  of 306 

HACK  STANIXS,  (council,  hacks,) 

designated 309,  310 

HAIU,  (council,  gutters,  snow  and  ice,  streets,) 

cleaned  from  sidewalks  and  gutters 52,  362 

HANDCARTS,  (counci),  sidewalks,) 

not  to  obstruct  sidewalks  or  crosswalks 364 

HAND  WAGONS,  (council,  sidewalks,) 

not  to  obstruct  sidewalks  or  cro.sswalks 364 


HAWKERvS,  (council,  licensing,) 

council  power  to  license  and  regulate 

not  sell  on  bridges 

regulations  for  and  fees  for  license. . . 


HAY,  (council,  .straw,  weigher,) 

power  of  council  to  regulate  .sale 56 

heaters  near 165 

precautions  against  fire  286 

place  of  market  designated, 311 

fees  for  weighing 31 1 

duties  of  weigher  of 312 

])enalty  for  refii.sing  to  a.scertain  tare 313 

])enalty  for  altering  weight  notes 313 


47,  53,  55 

255 

..  321,  322 


. ...  125 
125,  362 
. . . . 126 
. . . . 126 
-•••  375 


INDEX. 


459 


I’AGK. 

HAY,  (council,  straw,  weigher,) 

penalty  for  ])lacing  improper  substance  in 313 

if  damp  or  nnmercliantable,  weigher  to  state 314 

not  weighed  on  private  scales 314 

penalty  for  disobeying  weighmaster’s  orders  315 

not  to  be  stored  without  permission 315 

not  thrown  on  street,  gutter  or  sidewalk  375 

IIEADTH  INSPECTOR,  ( board  of  health,  public  health, 
nuisances,  ) 

relation  to  board  of  plumbers 230 

inspect  and  approve  garbage  vehicles  and  receptacles.  . 297 

empowered  to  institute  proceedings 299 

duties  and  powers  of 315 

to  abate  all  nuisances 315,  316 

penalty  for  refusing  to  abate  nuisances 316 

how  expenses  collected 317 

penalty  for  false  representation 317 

HIGHWAYS,  (sidewalks,  streets,  etc.,) 

jurisdiction  of  council..  48,  49,  50,  51,  124 

power  of  highway  commissioners 66 

laying  out 127,  128 

sidewalks  and  gutters 362-372 

streets 372-285 

HITCHING  POSTS,  (council,  streets,) 

council  regulate 52,  367,  369 

HOGS,  (animals,  imjKninding,) 

power  of  council  over  in  streets  51 

fees  for  impounding 250 

not  to  run  at  large 250 

not  buried  within  city  limits 252 

fees  for  weighing 312 

HORNS,  (council,  public  peace,) 

council  to  regulate  or  prohibit 57 

improper  noise  forbidden 329 

j)erniission  necessary.  335 

penalty 335 

HORSE  BLOCKS,  (council,  streets,  ) 

council  to  regulate 52 

not  to  obstruct  sidewalk,  gutter  or  street.  ...  .362,  380,  381 

HORvSE  CARS,  (council,  street  cars,) 

council  to  regulate 48,  58 

not  to  remain  on  bridges 255 

rate  of  speed  regulated 357 

not  to  be  jumped  on  or  off  while  in  motion 358 

stopping  at  cros.swalks  regulated 359,  378 

detached  not  to  be  left  on  street 376 

when  and  where  salt  used  on  tracks 384,  3.S5 

HORSE  RACING,  (animal,  council,  streets,) 

])ower  of  council  to  restrain  or  suppress 54 

forbidden  on  streets  and  penalty 331 


460 


INDEX. 


PAGt. 

HORSE  Troughs,  (council,  streets,) 

council  to  regulate 52 

HORSES,  (animals,  impounding, ) 

council  to  regulate  on  streets 51 

council  to  regulate  impounding 57 

city  maintains  horse  for  commissioner  of  public  works.  73 
horses  of  fire  department  under  jurisdiction  of  council.  141 

not  to  run  at  large 250 

fees  for  impovinding ; 250 

not  to  be  buried  in  city  limits 252 

penalty  for  abuse  of 252 

management  of  in  cemeteries. 263 

exhibition  of 275 

how  to  face  horses  on  hack  stand 310 

fees  for  weighing 312 

immoderate  driving  forbidden 331 

indecent  exposure  of  stallion  forbidden 419 

not  to  obstruct  sidewalk  or  crosswalk 364 

not  to  be  driven  on  sidewalk 367 

to  be  hitched  but  not  to  tree  or  lamp  post 378 

how  to  face  horses  on  wood  stand 389 

HOTELS,  (garbage,  licenses,  runners,) 

council  to  regulate  runners  for 58 

must  have  fire  escapes,  how  constructed 167,  284 

stairway  partition  in,  how  constructed 169 

keepers  of,  must  prepare  garbage  for  removal 293 

license  for  sale  of  liquor  in 317 

porters  and  runners  to  be  licensed 354 

when  revoked  and  new  license  granted  to 354 

regulation  of  runners  of 355 

HOUSES  OF  ILL-FAME,  (disorderly  houses,) 

powers  of  council 54 

penalty  for  keeping  or  maintaining 273 

authority  of  officials  to  enter  and  arrest 275 

HOUSES  OF  PROSTITUTION,  (di.sorderly  houses,) 

authority  of  officials  to  enter  and  arre.st 275 

HUCKSTERS,  (council,  streets,) 

power  of  council  over 47,  53,  55 

license  necessary  for 321 

license  fees  of 321,  322 

permission  required  for  stands  of 368 

HYDRANTS,  ( fire  department,  streets,) 

water  board  may  contract  for 209 

map  of  water  board  shows  location  of 220 

penalty  for  interfering  with 379,  392 

])ermit  of  street  sprinklers  to  use 391 

holders  of  permit  to  use  to  pay  for  damages  to 392 

city  officers  required  to  report  injuries  to 392 


INDEX. 


461 


PAGE. 

ICE  AND  vSNOW,  (council,  hail,  sidewalk,) 

council  to  regulate  cleaning  from  walks  and  gutters.  . . 52 

council  to  prevent  sale  of  impure  ice 53 

duties  of  commissioner  of  public  works 74,  75 

removed  from  sidewalks  and  gutters 125,  362 

railroad  companies  remove  snow 358 

where  salt  can  be  used  to  remove 384,  385 

IMMODERATE  DRIVING,  (council,  ambulances,  streets,) 

power  of  council  54 

of  ambulances  and  other  vehicles 331 

IMMORAE  OR  INDECENT  PEAWS,  (council,  exhibi- 
tions,) 

power  or  council  over 53,  54 

penalty  for  exhibiting .- 276 

IMPOUNDING,  (animals,  council,  poundmaster,) 

power  of  council 57 

animals  subject  to 250,  270 

fees  for  various  animals 150,  270 

authority  of  pound  keei)er 250 

obstructions  on  sidewalks 364 

detached  vehicles 376 

INDECENT  BOOKS  aND  PICTURES,  (council,  exhiln- 
tions, ) 

penalty  for  exhibiting  or  offering  for  sale 276 

INDECENT  EXPOSURE  OF  PERSON,  (council,  exhi- 
bitions, ) 

penalty  for 276 

indecent  signs,  gestures,  acts,  penalty 330 

INDECENT  EANGUAGE,  (council,  .streets,) 

penalty  for 330 

INFANTS,  (council,  local  improvements,) 

rights  of  in  opening  streets 131 

service  upon,  water  board  ])roceedings 21 1 

rights  of,  water  board  proceedings 212 

police  pension  to  minor  children 246,  247 

under  twelve  years  not  allowed  in  cemeteries  when.  . . . 264 

hackmen  not  to  charge  for 308 

under  sixteen  years  not  to  be  eni])lo3'ed  by  jjawn- 

brokers 345 

penalty  for  failure  to  care  for 332 

INSPECTION  OF  BUIEDINGS,  dmildiugs,  fire,) 

authority  of  fire  marshal 147,  291,  292 

authority  of  plumbing  in.spector 236 

])atrolnien  to  re])ort  new  buildings 291 

authority  of  chief  engineer 294,  349 

authority  of  health  inspector 316 

authority  of  sealer  of  weights  and  measures 386 

for  water  board 393 


462 


INDEX. 


PAGE. 

INSPECTORS  OE  ERECTION,  (elections,  officials,) 

how  elected  and  eligibility * 38 

duty  of 39,  42 

INSPECTION  OF  EOCAR  WORK,  (commissioner  of 
public  works,) 

power  of  commissioner  of  public  works 73,  74 

compensation  of  inspectors 74 

paid  by  local  assessment 74 

report  of  expense  to  council  74 

city  treasurer  to  pay  inspectors 74 

INSPECTION  OF  PRUMBING,  (board  of  plumbers,) 

appointment  of  inspectors 235 

qualifications  of  inspectors 235 

compensation  of  inspectors 236 

duties  of  inspectors 236 

report  of  inspectors 236 

notices  of  violation  of  rules 237 

INSPECTION  OF  vSTEAM  ENGINES  AND  BOIRERS, 

(council,  steam  engines,) 

council  to  provide  for 48 

council  to  prohibit  unsafe  engines  and  boilers  48 

mayor  appoints  inspector 48,  359 

what  boats  shall  be  inspected  and  when 359,  360 

inspector’s  certificate  must  be  posted 360 

expense  paid  by  owner 360,  361 

penalty  of  failure  of  inspection ; 360,  361 

INTOXICATION,  (council,  public  peace,) 

authority  of  council 54 

penalty  for  public 333 

INVASIONS,  (council,) 

power  of  council 55 

JIMMY,  (council,  offences  against  puldic  peace,) 

carrying  of  prohibited 331 

JUDGFiS  01'  MUNICIPAR  COURT,  (elections,  salary, ) 

first  ap])ointed  l)y  governor 193 

(hides  of 193 

terms  of  office  and  oath 193,  194 

election  of  193 

vacancies,  how  filled 194 

power  to  remove  constables 194 

marriages  by  1*94 

]K)wer  to  take  oaths 194 

eligibility  to  office 194 

Inisiness  hours  of 194 

sign  jirocess  of  197 

may  make  rules 198 

entertain  motions  and  make  orders 198  \ 

executions  199 

siqiiilementary  ])roceedings 200 


INDEX. 


463 


PAGE. 

JUDGES  OF  MUNICIPAL  COURT,  (elections,  salary,) 

piiiiisliiiieiit  for  contempt 203 

appoint  clerk  and  deputy  clerk 204 

require  stenographic  notes  of  trial 205 

salaries  of 205 

may  discharge  duties  of  police  justice 206 

charge  to  jury 206 

Jl^DGMENTS,  (appeals,  city,  municipal  court,) 

appeal  on,  against  city 188 

enforcement  of,  against  city 189 

judgment  debtor  may  be  imprisoned 189 

action  upon,  in  municipal  court 195 

when  to  be  rendered  in  municipal  court 199 

of  municipal  court 199 

costs  upon,  in  municipal  court 202 

appeal  from,  in  municipal  court 203 

JUMPING  ON  AND  OFF  CARS,  (police,  railroads,^ 

penalty  for 358 

JUNK  DEALERS,  (council,  licenses,) 

licenses  of,  power  of  council 55 

must  obtain  of  mayor 398,  399 

cost  of 399 

mayor  may  revoke 399 

keep  public  record 399 

how  and  where  ])urchase  goods 299 

vehicles  of,  name  of  owner  on qtx) 

advertised  stolen  goods 400 

not  to  receive  articles  as  ])1  edges 4fx) 

terms  defined.  400 

JUvSTlCES  OF  PEACE,  (elections, ) 

how  elected 38,  205 

term  of  office,  jurisdiction 78,  79,  205 

council  to  fill  vacancies 79 

act  as  police  justice 79 

repeal  of  acts  ])roviding  for 205 

KENO  OR  ROULETTE  TABLES,  (gambling,) 

])enalty  for  kee])ing  or  ])ermitting 274 

KINDLING  WOOD  FACTORIES,  ( Iniildings,  fire,) 

])recautions  against  fire 287 

KITEvS,  (council,  streets,) 

council  to  regulate  and  ])rohibit  dying  of 57 

penalty  for  dying  in  streets  or  parks 332 

LAMPS  AND  LAMP  POSTS,  (council,  hitching,) 

])ower  of  council  over 51 

candles  and  lamps,  when  not  to  be  used 287 

horses  not  to  be  hitched  to  posts 378 

penalty  for  destroying 379 

liandbills  not  to  be  attached  to  posts 379 


464 


INDEX. 


I’AGK. 


LANES,  (streets,  highways,  etc.,) 

council  to  prevent  throwing  garbage  in  and  regulate 


cleaning 51, 

opening  and  construction  of 51, 


under  supervision  of  commissioner  of  public  works  . . . 

powers  of  commissioners  of  highways 

chips  and  shavings  not  to  be  thrown  in 

fires  not  to  be  kindled  in  without  permission 

penalty  for  throwing  offensive  substances  on 

immoderate  driving  on  forbidden 

ringing  gongs  or  bells  on,  forbidden 

birds  in,  hot  to  be  injured 

lamps  in,  not  to  be  injured 


52 

127 

75 

66 

288 

290 

326 

331 

332 
338 
379 


LICENSES,  (council,  mayor,) 

authority  of  council 47,  48,  51,  53,  55,  57,  58 

countersigned  by  city  clerk 70 

plumbers 232 

to  carry  pistols 243 

auctioneers 253,  254 

cartmen 256 

dogs  269 

exhibitions 275 

circus  or  exhibition  of  curiosities 275 

concerts,  caravans ; 275 

skating  rink 275 

keeping  gunpowder,  other  explosives 300 

hacks 306 

baggage  wagons 306 

liquors 317 

meat  vendors 318 

candy  and  lunches,  ice  cream,  etc 321 

produce  on  streets 321 

goods  on  streets  . . 321 

milk  peddlers 322 

pawnbrokers 339 

kerosene  dealers,  etc 349 

porters  and  runners 354 

bicycles  on  sidewalk 368 

junk  dealers 398 

bill  posting 401 


LIME,  (council,  hay  and  straw,  markets,) 

council  may  regulate  sale  of,  

scales  for  weighing  designated 

weighmaster’s  fees  and  duties 

penalty  for  refusal  to  ascertain  tare . . . 
penalty  for  altering  weigh-notes,  etc.  . 
weigher’s  endorsement  and  entries. . .. 
transported  in  tight  conveyances 


56 


3J1 

312 

313 

3L3 

3M 


381 


LIQUORS,  (council,  licenses,) 

not  to  be  sold  without  license 317 

penalties  317,  3 >8 

public  intoxication  forbidden 333 


INDKX. 


465 


l’A(JK. 

J.IVBRY  STABBES.  (nuisances,) 

council  to  regulate 52 

board  of  health  approve  construction  of 173 

candles  and  lamps  in 287 

power  of  officers  to  enter 289,  292 

public  nuisances  from 325 

IvOCAIv  ASSESSMENTS,  ( council,  improvements, ) 

jurisdiction  of  common  council 53,  66,  11T-126 

duties  of  assessors 89-9  r 

as  amended  by  laws  of  1885,  1889,  1893 112 

notice  of . 115 

how  made  by  assessors 1 1 5 

objections  to  and  correction  of 116 

appeal  from  same,  council  to  hear  and  act 116 

new,  when 116 

issue  of  bonds,  how  paid  in  that  event 117 

collection  of 117-118 

fees  for  collection ....  r 1 8 

city’s  share  in  cost  of  constructing  sewers 120 

con.struction  of  two-foot  sewers 120 

paving  and  macadamizing  streets i 2 1 

keeping  sidewalks  repaired  and  gutters  cleaned 126 

on  opening  streets 130- 132 


LOCAL  IMPROVEMENTS,  (assessments,  council,) 

jurisdiction  of  council ..  .47,  48,  51,  52,  57,  59,  63,  66, 

, ; • ; 95,  III, 

city  engineer  and  commissioner  of  public  works  person- 
ally superintend 72,  75,  121, 

Clinton  street  bridge 

amendments  under  laws  of  1885,  1889,  1893 

])roperty  owners  to  petition 

notice  of  proposed  improvements 

ten  days  notice  recpiired 

service  of  the  same 

objection  made  in  writing 

assessors  to  examine  and  certify 

when  two-thirds  vote  nece.ssary 

signers  for,  when  withdraw  from  ])etition 

commissioner  of  jmblic  works  to  certify  C()ni])leti<)n . . . . 

when  bonds  issued 

liow  bonds  signed 

interest  on  bonds 

])roceeds  of  sale  of  bonds  and  of  a.sse.s.sments 

when  advances  made  to  contractors 

ap]ieal  from  assessments 

council  to  determine  in  case  of  appeal 

jiroceedings  on  appeal 

commissioners  to  make  reasse.ssments 

collection  of  taxes  for,  and  interest 

construction  of  .sidewalks  and  gutters 

con.struction  of  sewers 118, 


407 

123 
96 
1 1 2 
1 1 2 
I I 2 
1 1 2 
I I 2 
I I ^ 


I I 


1 14 
I 14 
114 
I 14 
I 14 
I >5 

I 1 6 
I 16 
I 16 
1 1 6 
117 

I 18 
I 22 


466 


INDEX. 


i>a(;e. 

LOCAL  IMPROVEMENTS,  ( assessments,  council, ) 

action  of  council  on  sewers ii8 

engineer  to  make  surveys  and  estimates 119 

notice  to  be  made  by  service  and  publication 119 

objection  to  sewers,  how  made 119 

share  of  city  in  sewer  construction 120 

when  two-thirds  vote  necessary  for  sewers 120 

extension  of  sewerage  system 120 

sewers  beyond  city  line 121 

repavement  and  macadamization  of  streets 121 

pavement  defined  121 

mains  to  be  laid  before  paving 121,  122 

pavement  to  include  gutters  and  curbstones.  ..  121 

over  175.00  under  contract 123 

contracts,  how  made 123 

advertise  for  proposals 123 

power  of  council  over  sidewalks  and  gutters 124,  126 

construction  and  repair  of 124 

notice  to  be  served  124 

time  allowed  124 

two-thirds  vote  of  council  to  order  sidewalks  or  gutters.  124 

when  council  to  lay  sidewalk  or  gutter 124,  125 

cleaning  of  sidewalk  and  gutter 125 

engineer  to  approve  gutters  and  sidewalks 126 

when  sewer  inlets  and  gas  and  water  pipes  nimst  be 

laid  126,  r27 

opening,  widening,  altering  and  straightening  streets. . 127 

])rocedure  for  opening  streets 127-132 

assessment  of  damages  of  o])ening 130,  131 

rights  of  infants 130,  13 1 

])aynient  of  awards 132 

LOCAL  LAWS, 

all  former,  repealed 191 

LOCOMOTIVE,  (council,  railroads,  streets,) 

])ower  of  council 48,  57,  58 

])rovided  with  .spark  arre.sters 293 

.speed  of,  in  city 357 

not  to  obstruct  cro.ssings  or  blow  whistle 357 

LI 'M HER,  (council,  markets,) 

regulating  place  and  sale  of 56 

rooms  for  drying  167 

rates  for  carting 258 

when  may  be  im])ounded 364 

])lace  designated  for  sale  of 388 

not  be  ])laced  on  .streets  without  ])erniis.sion 372 

not  on  Clinton  .scpiare  more  than  24  hours 375 

M.ACADAMIZINC,  (council,  .streets,  ) 

])rocedure  for  re-macadamizing 1-2 1 

])i])es  laid  before  126 

iMANLRE,  (council,  nui.sances,  ) 

removal,  kee])ing,  dei)o.sit  of 51 

conveyed  in  tight  vehicles 381 


INDEX. 


467 


MAPS,  (city  engineer,  water  board,  city  clerk,  j 

city  engineer  to  make  and  keep 72 

maps  of  water  board,  where  required 220 

maps  of  water  board  where  filed 220 

MARKETS,  (council,) 

power  of  council  to  regulate 51,  56,  57 

hay  market  defined 3 1 1 

meet  venders  to  obtain  license 318 

location  of  meat  venders  designated 318,  319 

place  specified  for  sale  of  poultry,  vegetables  &c 319 

designation  of  grain  market  319 

where  fruits  sold 320 

where  fish  sold 320 

penalty  for  re-selling  produce  on 320 

license  required  to  sell  at  retail  on  streets 321 

wood  market  specified 388 

MAYOR,  (council,  departments,) 

election  of 38 

eligibility  to  office 38 

special  election  of,  when 43 

powers  of  appointment 43,  44,  72,  73,  80,  141,  142, 

146,  176,  177,  207,  230,  240,  270 

veto  power 45,  46,  113 

failure  of,  to  sign  or  veto 46 

attest  ordinances,  rules,  etc 65 

authority  to  make  arrest 65 

authority  as  coniniissioner  of  highway 66 

authority  to  remove  canal  boats 66 

Onondaga  creek  channel ' 66 

term  of  office  and  salary 67 

office  hours 68 

sign  all  deeds  and  contracts 68 

vested  with  aiithority  of  a justice  of  the  ])eace  68 

power  to  examine  books  of  ])ublic  officers  68 

])Ower  to  try  complaints  against  city  officers 68 

to  make  statement  to  council 68,  69 

enforce  laws  and  ordinances 69 

may  suspend  public  officers 69 

maintain  peace,  good  order,  and  jirosiierity  of  city.  ...  69 

])ower  to  command  police  and  firemen 69 

])ower  to  appoint  special  policemen 69 

relation  to  city  clerk 70 

countersign  warrants 71 

a])])rove  appointment  of  dejnity  commissioner  of  jniblic 

works.  73 

nominate  police  justice  to  fill  vacancy 77 

name  justice  of  peace,  police  justice  lenqiorarily 79 

approve  bond  of  clerk  of  police  justice 79 

direct  bringing  of  actions 81 

])ower  to  take  oaths  and  acknowledgements 81 

city  treasurer  exhibit  books  monthly  to 85 

jienalty  for  a])proval  of  illegal  a])])ro])riation 97 

exerci.se  with  council,  duties  of  board  of  auditors 109 


468 


INDEX. 


I’AGK. 

MAYOR,  (council,  departments,) 

execute  with  clerk  local  improvement  bonds 114 

removal  of  fire  commissioner  for  cause 142 

appointment  of  fire  commissioners  by 141,  142 

removal  of  fire  department 145 

appoint  fire  marshal  and  remove  for  cause 146 

may  request  examination  by  fire  marshal 147 

appointment  of  police  commissioners  by 176 

vacancies  in  police  board  filled  by 176,  177 

empowered  to  remove  police  commissioners  for  cause..  177 

approve  sureties  on  contracts 185 

notice  of  action  served  on 190 

appoint  water  commissioners 207 

fill  vacancies  in  water  board 208 

issue  water  bonds  with  council 221,  41 1 

execute  water  bonds.  ...  221,  41 1 

may  require  report  of  water  board 225 

appoint  board  of  plumbers 230,  231 

fill  vacancies  in  board  of  plumbery 231 

desij^nate  place  of  meetins^  of  board  of  plumbers 232 

appoint  five  trustees  of  ninth  ward  cemetery 240,  241 


appoint  bond  of  treasurer  of  police  pension  fund.  . . . 243 

license  auctioneers 253 

revoke  license  of  auctioneers 254 

])ower  to  fix  fees  and  duration  of  license 254 

license  cartmen 256 

enforce  wide-tire  ordinance  259 

sign  cemetery  deed 262 

may  order  fiag  displayed 265 

grant  permission  to  remove  documents 267 

may  designate  dog  ])Ound.  270 

appoint  dog  catcher 270 

may  enter  gambling  and  disorderly  houses 274,  275 

licen.se  exhibitions 275 

grant  permission  for  fire  arms  and  fire  works 279 

grant  ])ermi.ssion  for  blasting 279 

a])]irove  heighth  of  sign  boards  and  fences 283,  284 

grant  ])ermission  to  kindle  fires  on  streets 290 

grant  licen.se  for  gun])owder 300 

may  remove  guu])ow(ler  and  explosives 305 

license  hacks.  . . ., 306 

.storage  of  hay  and  .straw 315 

license  meat  venders 318 

may  revoke  meat  venders  license 318 

meat  venders  to  obey .r 318 

license  the  selling  of  goods  at  retail  on  streets 321 

licen.se  milk  peddlers 323 

revoke  milk  peddlers  license  when 323 

grant  ])ermis.sion  to  .solicit  alms 331 

grant  ])ermission  to  carry  ])lacards 333 

grant  ])ermission  for  ])arades 334 

grant  ])ermissiou  to  mu.sical  in.struments  011  streets.  . . . 335 


INDKX. 


469 


PAGE. 

MAYOR,  (council,  departments,) 

send  ordinances  to  other  cities 336 

license  pawnbrokers 339 

inspect  pawnbrokers’  records 340 

ins])ect  record  of  pawnbrokers’  notices 344 

may  detail  police  for  special  duty 352 

runners’ and  porters’  license 354,  355 

may  transfer  porters’  license 354 

inspection  of  steamboat  boilers 48,  359 

authority  in  rej^ard  to  sidewalk  obstructions 364 

awnings 365 

approve  erection  of  stairs  over  sidewalks 367 

projecting  signs 367 

hucksters  stands 368 

grant  extra  privileges  to  bicyclers 372 

permits  for  building  material 373 

permits  for  removal  of  earth  from  streets 378 

permit  to  draw  water  from  hydrants 379 

fill  office  of  wood  measurer  temporarily.  . 390 

license  junk  dealers  and  revoke  licen.se 399 

inspect  junk  dealers  record  and  permit  change  of  loca- 
tion   399 

license  bill  posting  and  distributing  and  ap])rove 

bond 401,  402 

.school  bonds 414 

MAYOR’S  CkERK,  ( mayor, ) 

appointed,  how 44 

salarv 68 


MKAvSURKR  OF  WOOD,  ''council,  markets,  wood,) 


appointed,  how 388,  389 

jurisdiction,  duties,  fees 389,  390 

(piarterly  report  to  common  council 390 

mayor  fill  vacancy 390 


MEAT,  (markets,  streets,) 

jiirisdiction  of  council, 55, 

sale  of  on  bridges  prohibited 

fees  for  weighing 

market  for  sale  of  specified 

license  recpiired  for  .selling 

putrid  not  to  be  thrown  on  streets.  . 

])oultry 


56 

2.55 


326 

356 


MimniCANTS,  (vagrancy,) 

re.strained  and  pnni.shed 53 

penalty  without  permission 419 

MII/K,  (license,  markets,) 

juri.sdiction  of  council 47,  57 

license  recpiired  to  peddle 322 

mayor  may  grant  or  revoke  license 323 

])enalty  for  .selling  unwhole.some  or  adulterated 324 

all  wagons  and  veliicles  numl)ered 324 

duty  of  examiner  of  weights  and  luea.sures 387 


470 


INDKX. 


I’AGK. 

MISDEMEANORvS,  (ordinances,) 

violation  of  ordinances 65,  337 

misappropriation  of  money  by  council  and  mayor 97 

obstruction  of  fire  department 145 

violations  of  plumbing  rules 239 

MUEES,  ( animals,  horses, ) 

not  buried  within  city  limits 252 

cruel  treatment  of,  penalty 252 

MUNlCIPAIv  COURT,  (docket,  elections,  judges,) 

j udges  of 193 

terms  of  office 193 

official  oath 193 

election  of  judges 193 

vacancies 194 

constables,  removal  of 194 

marriages 194 

constables,  service  of 194 

jxjwer  to  take  oaths,  etc. 194 

oath  of  office  194 

eligibility  to  office 194 

business  hours  194 

court,  division  of 104 

common  council,  duty  of  . ...  195 

jurisdiction  of  court  195 

actions  upon  contract 195 

damages  for  injury 195 

upon  bond ....  195 

surety  bond '. 195 

upon  j udgnient 195 

chattels,  recovery  of 195 

judgment  on  confession 196 

fraud  in  sale  or  purchase  of  property  196 

attachment  actions  commenced  by 196 

summary  proceedings 196 

liens 196 

bastardy  proceedings 196 

penalties  196 

other  actions 196 

cognizance  of  certain  actions 196 

jurisdiction  over  persons  of  defendants 197 

process  197 

])ractice  pleadings,  etc  197 

rules  of  practice,  alterations  of 19S 

appearance  of  attorney i9<S 

discontinuance  of  actions 198 

defaults,  opening  of 19S 

directing  verdict ! 198 

motions  and  orders 198 

judgments,  when  to  be  rendered 199 

actions,  etc.,  when  to  be  called 199 

executions 199 

judgtnents  of  court 199 


INDKX. 


471 


I’AGK. 

MUNICIPAL  COURT,  (docket,  elections,  judges, ) 

adjoiiriiinent  of  trials 199 

proceedings  supplementary  to  execution 200 

fees  ill  civil  action,  prepayment  of 200,  201 

proviso 201 

fees  to  belong  to  city 201 

fees,  refunding  of 201 

costs  and  fees  in  civil  action 201,  202 

contempt,  punishment 203 

appeals  from  judgments 203 

costs  to  perfect  appeal 204 

clerk,  appointment  of,  duties 204 

deputy  clerk,  appointment  of,  duties 204 

docket  of  court,  certified  copies 204 

pow'ers  to  adjourn  court 205 

seal 205 

certificates  under  seal 205 

salaries 205 

justice  of  peace  in  city  ....  205 

may  discharge  duties  of  police  justice 206 

charge  to  jury 206 

NAMING  vSTREETvS,  f council,  .streets,) 

power  of  council 51 

NAPHTHA,  (])etroleuni,  benzine,) 

storage  and  sale  of ^48 

NINTH  WARD  CEMETERY,  (cemeteries,  mayor,) 

location  of 240 

controlled  by  five  trustees 240 

term  of  office  of  trustees  and  their  appointment 240 

vacancies  in  trustees,  how  filled 241 

rights  and  ])owers  of  trustees • 241 

]jy-laws  of,  how  adopted 241 

tran.sfer  of  funds  of 241 

organization  of  board  of  trustees 241 

NITRO-GLYCERINE,  (council,  ex])losives,  gunjiowder, ) 

storage  and  sale  of 54,  300,  304,  305 

NULSANCEvS,  (council,  board  of  health,  health  officer,) 

])ower  of  council  to  abate 54 

disposal  of  garbage  not  to  create 298 

duties  and  ])owers  of  health  inspector.  315 

penalties  for  refusal  to  abate . .316,  324 

discharge  of  foul  substances  on  sidewalk 325 

slaughter  houses,  ])etroleum  factories,  not  to  be  erected 

without  permis.sion 325 

])enalty  for  depositing  offensive  .substances  in  streets. . . 326 

jienalty  for  allowing  flow  of  filth,  etc 326 

hlth  and  stagnant  water  not  to  be  allowed  to  remain  on 

lots 327 

board  of  health  to  abate,  on  lots  of  unknown  owners.  . 327 

expenses  inciired,  how  collected 327 

injury  to  jiiiblic  waters  prohibited 328 

overcrowded  tenements 328 

contents  of  privies,  etc.,  not  to  be  removed  without  per- 
niLSsion 329 


472 


INDKX. 


NUMBERING  OF  HOUSES,  (council,  streets,) 

jurisdiction  of  council 51 

OATH  OF  OFFICE,  (officials,) 

of  commissioners  to  appraise  damages 128 

of  officers  appointed  by  police  commissioners 180 

of  city  officials  186 

of  judges  of  municipal  court 193,  194 

of  clerks  of  municipal  court 204 

of  water  commissioners 208 


OBSCENE  LANGUAGE,  (council,  ordinances,  streets,  ) 

power  of  council 54 

penalty  for  using 330 

OFFENCE  AGAINvST  PUBLIC  PEACE  AND  OUIET. 

jurisdiction  of  common  council 54,  55,  36 

duty  of  mayor 69 

indecent  exposure  of  person 276 

sale  of  indecent  or  lewd  books,  etc 276 

immoral  plays 276 

penalties 277 

coffins,  <S:c.,  exhibition  of,  prohibited,  penalty 277 

exhibiting  dead  bodies 277 

discharging  of  fire  arms  and  fire  works  forbidden 279 

noise,  disturbance  or  riot  in  streets 329 

disturbing  religious  assemblages 329 

using  indecent  language  or  gesture 330 

abusing  and  annoying  others 330 

immoderate  driving  or  riding,  penalty  331 

soliciting  alms  in  streets,  penalty 331,  419 

carrying  deadly  weapons,  penalty 331 

ringing  gongs  or  bells,  penalty 332 

playing  ball  or  flying  kites  in  streets,  penalty 332 

coasting  in  streets,  penalty 332 

desertion  of  wife  and  children 332 

neglect  of  family ...  332 

public  intoxication  in  .streets 333 

indecent  exposure  of  .stallion,  penalty 333,  419 

carrying  placards  without  ])ernii.ssion 333 

driving  .sleighs  without  bells,  penalty  333 

throwing  stones,  snow-balls,  etc 334 

public  ])arades,  assemblages  without  permi.ssiou 334 

sale  of  Sunday  newspapers 334 

Inlaying  on  musical  instruments  on  streets 335 

injuring  trees  and  .shrubl)ery 263,  337 

de.stroying  birds  or  nests 338 

re.si.sting  a police  officer 352 

impersonating  policemen 353 

duty  of  policemen 353 

boisterous  ])orter..,  and  runners 355 

blowing  steam  and  whistles 357 

injuring  lamps  and  lam])-po.st.s 379 

.scattering  papers  on  streets 403 

bitches  in  heat,  at  large U9 

tramps  and  vagrants | 


INDKX. 


473 


i’A(;e. 

OKFICERvS,  (council,  election,) 

election  of  city  and  ward 37,  3S,  39,  40 

list  of  elective 3S 

appointive  officers  by  mayor  and  council 44 

terms  of  appointive 44 

appointment  of,  by  common  council 44,  45 

duties  defined  by  council 53 

compensation  fixed  by  council 53 

council  to  require  reports  from. 60 

duties  of  city ■ 67-92 

duties  of  ward 92-94 

special  surveys  of  sewer  system 96 

council  made  city  auditors . 109 

commissioners  to  make  awards 128,  213 

board  of  education  and  its  officers 133- 140 

of  fire  department " 141-146 

of  police  department 176-180,  243 

take  oath 180,  186,  193,  204,  208 

bonds  and  sureties  given 79,  83,  84,  93,  186,  243 

additional  security  when  neces.sary 186 

approval  of  bonds  of 186 

terms  of  office 186,  190 

neglect  of  appointee  to  cpialify 187 

common  council  to  fix  compensation 187 

charges  against, 189 

to  hold  but  one  office  190 

of  munici])al  court 193,  194,  204 

of  water  board 207,  208 

of  board  of  plumbers 230-236 

of  ninth  ward  cemetery 240 

dog  catcher 270 

health  inspector 315 

public  weigher 322 

re])ort  annually  to  common  council 419  * 

wood  measurer 389 

civil  service  examiners 419 

OLEOMARGARINE,  (council,  markets,) 

power  of  council 60 

OMNIHUSES,  (hacks,) 

power  of  council  to  license  55 

license  of  306 

when 309 

drivers  of,  not  to  enter  de])ots 355,  356 

ONONDAGA  CREEK,  (council,  highways,) 

boiindary  of  wards 29,  31,  32,  34,  36 

power  of  highway  commissioners 67 

encroachment  thereon 67 

obstructions  to  be  removed  from 67 

powers  of  common  council 67 

council  not  to  interfere  with  creek  commission  67 


474 


INDKX. 


PAGE. 

ONONDAGA  CRKRK,  ( council,  highways, ) 


boundary  of  bnildiiig  district 15 1 

bathing  in 255 

boundary  of  fire  limits 280 

pollution  of  waters  of 328 


ORDINANCES,  (council,  rvdes  and  regulations,) 

how  passed 45 

mayor’s  veto  of  . . . 45,  46 

power  of  council  to  make,  amend  or  repeal 47,  64,  190 

immediate  enforcement  of 

penalties  for  violations  of 65 

violations  of  a misdemeanor 65 

copies  of,  when  read  in  evidence  65 

enforcement  of,  by  arrests  by  city  officers 63,  66 

duty  of  mayor  as  to 69 

jurisdiction  of  police  justice  over  violations  of 78 

jienalties  for  violating  building  ordinances 175 

jnri.sdiction  of  municipal  court  as  to  penalties  196 

of  water  board 226 

general 249-403,  419 

sextons  to  enforce  cemetery 260,  261 

police,  to  enforce 299,  336,  352 

must  be  published  and  recorded ....  335 

city  clerk  must  keep  book  of 336 

repeal  of  repeal  of 336 

when  to  take  effect ' 336 

effect  of  failure  of  police  to  enforce 336 

ma3’or  may  present  copies  of  to  other  cities 336 

exception  in  cases  of  certain  cartmen  and  hackmen  . . . 336 
jurisdiction  of  magi.strate  to  affix  penalties 337 


()\'ENS,  (council,  fire,  i 

power  of  council  over  dangerous 58 

flues  of.  . . . 163 


OVERSEER  OF  POOR,  (auditors,  electors,) 

elected,  how 38, 

tenure  of  office,  duties  and  salary 

a.ssi.stant  overseer’s  term  and  duties  

a.ssistant’s  salary 

])ower  of  

report  annually  to  common  council 


82 

82 

82 

419 


PARKS  AND  PUBLIC  GROUNDS,  (council,  highways, 
streets,  ) 

jurisdiction  of  council  over 48,  49,  50,  51,  52,  60,  63 

authority  of  council  over  as  conimis.sioners  of  high- 


way's   66 

city  engineer  to  kee])  map  and  survey's  of 72 

duty'  of  commissioner  of  ])id)lic  works  as  to 74,  75,  76 

limit  of  annual  ex])euditure  011 95,  407  \ 

laving  out  of  i)ublic  ground  bv  council i 27-132 

4)ower  of  water  board  over 218 

goats  not  to  run  at  large  in 252 

grounds  about  city  hall  in  charge  of  council  comndttee  265 


INDEX. 


475 


PARKvS  AND  rUHDIC  GROUNDvS,  (council,  highways, ' 
streets, ) 

doj2^s  must  be  taged  and  licensed  in 269 

offensive  substances  not  to  be  thrown  in 326 

ball  playing  and  kite  flying  forbidden  in 332 

penalty  for  intoxication  in 333 

permission  to  assemble  or  parade  in  necessary 334 

permission  to  play  musical  instruments  in 335 

])enalty  for  injuring  trees,  shrubbery  or  fixtures  in. 337,  37<S 

not  to  be  used  for  l)leaching  or  cleaning  carpets 33<S 

horses  not  to  be  fastened  to  trees  or  fences  in 33<S,  37(S 

penalty  for  injuring  grass  in 338 

penalty  for  destroying  birds  or  nests  in 338 

duty  of  occupant  of  property  fronting  on 361 

bicycles  not  to  be  ridden  on  walks  in  without  license.  . 368 

hucksters  not  allowed  in  without  permission 368 

a.shes,  dirt,  hay,  weeds  or  rubbish  not  to  be  thrown  in  375 
earth  not  to  be  removed  from  without  permi.s.sion  . . . 378 

lamps  or  lamp  posts  in  not  to  be  di.sturbed 379 

building  and  incumbrances  not  to  be  placed  in 380 

])enalty  for  obstruction  of 381 

.signal  lights  not  to  be  di.sturbed 382 

trench  not  to  be  dug  in  without  permission  391 

guarding  of  trenches  in 394 

back  filling  of  trenches  in 395 

PATROLMEN,  ( ])olice  department,  ])olicemen,) 

PAVRMPlNTvS,  (council,  streets,) 

jurisdiction  of  council 48,  49,  51,  52,  63,  66,  iii,  121 

commi.s.sioner  of  public  works  to  ])ersonally  sujierintend 

con.struction 74,  75,  76,  123 

petitions  for i i 2 

notice  of  local  improvements 1 12,  113 

local  improvement  bonds 114 

definition  of  term 1 2 1 

include  gutters  and  curlxstones 121 

gas  and  water  pipes  to  be  laid  before  ])aving 121,  126 

.sewers  to  be  constructed  before  paving 122,  126 

contracts  for,  how  let 123 

power  of  water  board  over 218 

tires  to  be  u.sed  on 259 

l)icycles  mu.st  ride  on 369 

not  to  be  dug  up  without  permission 373 

when  .salt  can  be  thrown  on 384,  383 

mn.st  be  re])laced  when  removed 393 

PAWNBROKERS,  (auctions,  council,  licen.ses, ) 

•[lower  of  council 33 

license  and  ex[)iration  of 339 

[lenalty  for  failure  to  obtain  license 339 

give  bonds 340 

mayor  may  revoke  license 340 

keep  record  of  articles  pawned  340 

records  open  to  city  officials 340 


476 


INDKX. 


PAGE. 

I’A\VNHR(3IvERS,  (auctions,  council,  licenses,) 

must  exhibit  pawned  articles  to  officers 341 

penalty  for  secreting  ai  tides 341 

rate  of  interest  341 

penalty  for  violation  341 

four  months  before  sale  of  pledged  articles 342 

apprisal  by  chief  of  police  342 

when  pledgor’s  title  forfeited 343 

notices  how  served . . 343 

record  of  notices  served 344 

inode  of  redemption 344 

rates  of  interest  must  be  posted . 344 

what  persons  cannot  pawn 345 

what  persons  cannot  be  employed  by 345 

what  articles  cannot  be  pawned 345 

penalty 345 

daily  report  to  chief  of  police 345 

stolen  pawned  articles  346 

PEDDLERS,  (council,  licensing,  markets, ) 

council  may  regulate  and  license 47,  53,  55 

not  allowed  to  sell  on  bridges  255 

selling  without  license,  penalty 320,  321,  322 

fees  for  license  of 321,  322 

license  of  milk 322-324 

PENALTIES,  (council,  ) 

council  to  prescribe 65 

limit  of 65 

fines  paid  to  city  treasurer 65 

for  violating  building  ordinances 175 

fines  recovered  when  placed  in  firemen’s  fund 175 

proceedings  to  recover 196 

when  not  fixed,  discretion  of  magistrate  337 

PESTILFINCES,  ( council,  ])ublic  health, ) 

jurisdiction  of  council 55 

PETROLEL^M,  (buildings,  council,  chief  engineer,  fire.) 

factories  not  to  be  erected  without  permission 323 

keeping  of,  forbidden — exceptions 346 

storage  of  _ 346,  347.  34'"^ 

tests  prescribed 347 

not  to  remain  on  sidewalk 34.S 

jurisdiction  of  chief  engineer 349 

license  recpiired,  penalty 349 

changing  mark,  penalty 350 

marked  empty  packages,  penalty 350 

PETROLEUM  REEINERIES,  (council,  fire,) 

erection  of 323 

PHOvSlTIATEvS,  (council,  nuisances,  ) 

council  to  regulate  manufacture  of 34 

PHYSICIANS,  (death  certificates,  vital  statistics,) 

council  to  license  and  regulate 30 

jurisdiction  of  council  over  Christian  scientists,  faith 

ciirers  and  clairvaiyants 33 

to  give  certificate  in  case  of  death 330 


IN  DUX. 


477 


PIPvRvS,  (council,  streets,) 

power  of  council  over 51 

fires  not  to  be  kindled  on 290 

PIPEvS,  (council,  fire,  ) 

power  of  council  in  regard  to  dangerous  5<S 

council  to  require  and  regulate  conduits.  ..  .44,  49,  63,  64 

gas  and  water,  laid  before  paving i 2 1 

sewer  inlets  and  service  pipes  laid  before  paving 126 

smoke  pipes,  construction  of 163,  164 

steam 165 

stand,  in  halls  and  theatres 171 

power  of  water  board  to  lay 218 

maps  of  water  board  to  show  water 220 

to  enter  chimneys  composed  of  brick  or  stone 286 

water  department  to  make  connection  with  water  mains,  39 1 

service,  laid  by  licensed  plumbers 391 

requirements  for  stand 394 

PISTOLS,  (council,  offenses  against  public  peace,  firearms,) 

jurisdiction  of  council  over  use  of 54 

chief  of  police  authorized  to  issue  permits  to  carry  . . . 243 

fees  for  permits  to  carry  243 

discharge  of,  forbidden 279 

carrying  of,  prohibited  331 

PLATP'ORMS,  (council,  buildings,) 

council  to  prohibit  or  regulate  construction  of 59 


PLUMBING,  (mayor,  water,) 

mayor  to  appoint  examining  board  of 230 

terms  of  office  of  board  of 230 

vacancies  in  board,  how  filled 231 

ex-officio  members  of  board  of 231 

compensation  of  members  of  board  of 231 

(jualification  of  board 232 

(luties  of  board  of 232-233 

meetings  of  board  of 232 

examinations  of  board  of 232-234 

certificates  of  com])etency 232 

code  of 233 

examination  fees 233 

registration  with  board  of  health 234 

certificate  of  registration 234 

cancellation  of  registration 234 

inspectors  of 235 

qualification  of  inspectors  of 235 

compensation  of  inspectors 236 

duties  of  inspectors 236 

reports  of  ins])ectors  236 

expirations  and  renewals  of  certificates 236 

notice  of  violations  of  rules 237 

rules  to  be  observed 237 

violations  of  rules,  misdemeanors 239 

licensed  ])lumbers  to  make  water  connections 391 


478 


INDEX. 


pagp:. 

POISONS, 

penalty  for  selling  without  marking 351 

POLICE  DEPARTMENT,  (chief  of  police,  commissioners,) 

animal  appropriation  for 95,  407 

levying  of  taxes  for  expenses  of in 

government  of  vested  in  commissioners 176 

appointment  or  commissioners  of 176 

mayor  may  remove  commissioners  of 177 

chief  of  police  to  superintend 179 

chief  of  police  to  keep  record  of 179 

chief  of  police  to  report  to  board  state  of 179 

salaries  and  contingent  expenses  paid  by  city... 182 

station  house,  locks  up  of [83 

police  pension  fund 242 

clerk  of,  to  have  charge  of  stolen  property ‘ 244 

ordinances  enforced  by 299.  336 

penalty  for  resisting  members  of 352 

citizens  to  assist  members  of 353 

penalty  for  impersonating  a member  of 353 

POLICEMEN,  (chief  of  police,  detectives,  police  depart- 
ment, patrolmen,  ) 

duties  of  in  enforcement  of  ordinances, 66,  299,  336 

jurisdiction  of  mayor 69,  176 

special  policemen,  appointed  how  and  duties 69 

disobeying  of,  police  justice  to  try  cases  of 78 

to  give  notice  of  tax  sales 88 

warrants  issued  to,  to  collect  taxes 87 

a.ssistance  at  fires  145 

appointment  of  by  board  of  commissioners 178 

number  of  limited 178 

additional  appointments 178 

appointment  of  extra  and  special  police 178 

com])ensation  of 179 

chief  and  captain  of  night  watch  selected  from 179 

detective  force,  size  of  and  selected  from 180 

oath  and  term  of  office 180 

removal  and  suspension  on  proof 180 

])owers  of  in  criminal  cases  i8r 

no  extra  fees  or  compensation  to  be  received 181 

expenses  of,  how  paid 181 

})owers  of  commissioners  to  make  rides  for  182 

])rohibited  from  receiving  rewards  and  ])resents 182 

uniformed  . 182 

station  house,  lock-ups,  etc 183 

warrant  or  execution  issued  to 189 

]iolice  ])ension  fund 242-248' 

jiension  to  widows  and  children  of 246 

liensions  to  disabled  and  sujieraiiuated 246,  2.47 

enfore  wide-tire  ordinance 259 

right  to  seize  dogs  without  tags 270 

right  to  enter  gambling  and  disorderly  hou.ses 275 

at  exhibitions,  ex])en.se  of 276 

power  to  remove  combustil)le  materials 2S7 


INDEX. 


479 


i*a(;k, 

POIJCEMEN,  (chief  of  police,  detectiv^es,  police  depart- 
iiient,  patrolmen, ) 

to  report  new  building 291 

to  enforce  health  ordinances 299 

depot,  powers  of 309,  356 

to  regulate  teams  on  markets 318 

to  enforce  ordinances  as  to  sale  of  milk 324 

cause  for  removal  of 336 

qualifications  of 351 

(levote  time  to  city 351 

detailed  for  special  duty 352 

neglect  of  duty  or  violations  of  rules 352 

resisting  an  officer,  penalty 352 

citizens  aid  if  required 353 

personating  or  imitating,  penalty, 353 

idle  or  vicious  persons,  duty  of 353 

obstruction  on  sidewalks,  impounding  by 364 

request  removal  of  signs,  when 367 

to  impound  detached  vehicles 376 

locate  teams  on  wood  market 389 

report  injuries  to  hydrants 392 

POLICE  JUSTICE,  (elections,  officials,  ) 

elected,  how 38,  77 

term  of  office 77 

vacancies,  how  filled 77 

powers  and  jurisdiction  of 78 

salary  of 78 

appointment  of  clerk.. 78 

justice  of  peace  to  act  as,  when 78 

judge  of  niunici])al  court  to  act  as,  when 206 

examiner  of  weights  and  measures  to  report  violations  to  387 
annually  to  report  to  common  council 419 

POLICE  JUvSTICE’S  CLERK,  (police  justice, ) 

salary  of 79 

appointment  of 79 

bond  of,  a])proved  by  mayor 79 

term  of  office  and  duties 79,  80 

re])ort  to  council,  when  required 80 

POLICE  PENSION  FUND,  (policemen,) 

constituted,  how 242 

relief  fund  4 242 

forfeitures 242 

rewards,  gifts,  etc 242 

lost,  etc.,  money  and  property 242 

deductions  from  pay 243 

receipts  from  pistol  permits 243 

contributions.  243 

bail  fees 243 

trustees  and  treasurer  of  fund 243 

powers  and  duties  of  trustees 244 

annual  report 244 

payments  from  fund  restricted 24.^ 


4^0 


INDEX. 


PAGE. 

POLICE  PENvSION  FUND,  (policemen,) 

clerk  to  have  charge  of  lost,  stolen,  etc.,  property,  and 

money 244 

record  thereof 244 

duties  and  salary  of  clerk 245 

sale  of  unclaimed  property,  etc 245 

proceeds  of  sale  245 

powers  of  board  to  grant  pensions 245 

to  widows,  etc.  ...  246 

division  between  widow  and  children 246 

to  minor  children  246 

to  permanently  disabled  policemen 246 

to  superannuated  police  246 

retirement  of  police  and  annual  pension  thereon 247 

pension  of  widows  or  children  when  to  terminate 247 

pension  may  be  ordered  to  cease,  etc  247 

proviso  as  to  granting  pensions 248 

rules,  etc 248 

police  may  take  bail 248 

fees 248 

POOL  PLAYING,  (council,  gambling,) 

jurisdiction  of  council  over  minors 54 

penalty  for  allowing  minors  to  play 274 

PORTERvS  AND  RUNNERS,  (council,  licenses,) 

jurisdiction  of  council 58 

license  and  wear  badges  354 

hotel  keepers  may  have  license  revoked.  . . 354 

power  of  mayor  and  license  committee  of  council  over 

license 354 

personal  liability  of  hotel  keepers 354 

not  to  be  guilty  of  deceit  or  boistrous  conduct 355 

regulations  for 355 

mayor  may  revoke  license  355 

depot  regulations  for 356 

not  to  disturb  public  peace 356 

poultry,  (council,  markets,) 

sale  regidated  by  council  56 

council  to  designate  market  for 56 

market  de.signated 319 

not  to  be  resold  on  market 320 

regulations  and  penalties  regarding  drawing 356 

POUND  KEEPERS,  (animals,  council,  impounding,) 

appointment  of 44,  92 

duty,  fees  and  authority  of 250 

notice  of  sale  by  advertisement 251 

report  (juarterly  to  common  council  251 

])enalty  for  neglect  of  duty 251 

shall  not  be  interested  or  purchase 251 

penalty  for  breaking  into  pounds.  251 

city  not  liable  for  fees  and  expenses  of 252 

duty  to  impound  dogs  without  tags 270 

monthly  report  to  council  of  dogs 271 


INDKX. 


481 


. PRESIDENT  OF  COUNCIIv,  (council,) 


appointed  by  council 44, 

when  appointed 45, 

term  of  office 


preside  at  meetings  of  council 

PRIVIES,  (board  of  health,  public  health,  nuisances,) 

jurisdiction  of  council 

health  inspector  may  order  cleaned 

penalty  for  offensive  

contents  not  to  be  removed  without  permit 

PROPOSALS,  (council,  contracts,) 


jurisdiction  of  council 52,  61,  62,  123, 

city  clerk  to  advertise  for 71 , 123, 

right  of  council  to  reject 123, 

of  water  board 

for  water  bonds 

for  school  bonds 


PROSTITUTION,  (street  strolling,) 

power  of  council 

penalty  for 

PUBLIC  BATHS,  (council,  bathing,  swinuning,  ) 

council  to  establish  and  regulate 

regulations  of  public  bathing 

PUBLIC  BUILDINGS,  (council,) 

])Ower  of  council  to  light 

custody  of  school-houses 

fire  engine  houses 

supervi.sion  of  city  hall  

PUBLIC  FOUNTAINS,  (council,  streets,) 

power  of  council 

PUBLIC  GROUNDS,  (parks,) 

PUBLIC  health,  (board  of  health,- council,  nuisances,  ) 


power  of  council 52,  53, 

keeping  of  vital  statistics 

jurisdiction  of  health  inspector 315,  316, 


nuisances  against,  prohibited  

board  of  health  to  abate  nuisances 324, 

injury  to  public  waters  prohibited 

overcrowded  tenements 


])ennits  required  to  remove  contents  of  jirivies 

PUBLIC  WEIGHER,  (markets,  ) 

on  Clinton  scjuare 

duties  of 

no  other  person  to  weigh  for  hire 

PUMPS,  (council,  ])ublic  health,) 

])ower  of  council 

:ti 


A OK. 

70 

70 

70 

70 


53 

316 

324 

329 


185 

185 

185 

217 

412 

414 


54 

273 


57 

254 


47 

138 

141 

265 


52 


54 
57 
32.S 
3 lb 

324 

327 

328 

328 

329 


322 

322 

322 


54 


482 


INDEX. 


I’AGE. 

RAILROADvS  AND  STEAMBOATvS,  (boilers,  council 
streets,  whistles,) 

licensing  of  engineers 48 

power  of  council  to  regulate 48,  58 

power  of  council  to  require  flagmen  or  gates 48 

council  to  license  runners  to 58 

power  of  council  to  regulate  sellers  of  tickets  of 57 

locomotives  to  be  provided  with  spark  arresters 293 

entering  depots  of,  by  hackmen 309 

porters  and  runners  at  depots 355,  356 

rate  of  speed  of  steam  and  street  cars  through  city.  . . . 357 

obstructing  crossings  or  blowing  steam  forbidden 357 

blowing  whistles  in  city  limits,  forbidden 357 

railroad  companies  to  remove  snow 358 

jumping  on  cars,  while  in  motion,  forbidden 358 

cars  not  to  stop  on  crosswalk . 359 

examination  of  boilers  on  steamboats 359 

certificate  to  be  conspiciously  posted 360 

expense  of  investigation  paid  by  owner 360 

steam  yachts,  etc  , inspected 360 

expense  paid  by  owner 361 

])enalty  for  over-crowding  boats 361 

certificate  to  be  posted 361 

use  of  salt  by  street  radroads 384 

RATE  OI'  SPEED,  (locomotives,  railroads,  streets,) 

fast  driving  of  horses 331 

trains  and  street  cars  through  city,  specified 357 

of  bicycle  riding 369 

RT<:AD  estate  oi'  city,  (city  clerk,  documents, ) 

])ower  of  council  over 47 

])ower  of  board  of  education 136 

])ower  of  water  board 209,  220 

cemeteries 241),  260 

city  hall 265 

city  clerk  to  keep  record  of 267 

deeds  of 267 

lands  accjuired  by  statutory  ])roceedings 268 

lands  dedicated  to  public  use 268 

piirks 337 

new  school  sites 4 15-4 17 

RlvEIOIOUS  AvSSEMBEIlvS,  (public  peace,) 

])enalty  for  disturbing.. 330 

not  allowed  on  .streets  or  parks  without  ])ermi.s.sion . . . 334 

RPlMOVAIv  OI'  HOUSES,  (dwellings,  council,  .streets,'' 

council  to  regulate 59 

wooden  within  fire  limits,  how  regulated 281 

])enalties  for,  without  permission.. . ’ 282,  283 

projecting  into  or  over  streets 377 


INDEX. 


483 


REPORTS,  (council,  departments,) 

of  election  inspectors  to  city  clerk 42 

power  of  council  to  require  of  officers . . .60,  138 

annual  statement  of  mayor  to  council 68,  69 

annual  report  of  city  clerk 70,  71 

monthly  report  of  city  clerk 71 

weekly,  of  commissioner  of  public  works 73 

of  commissioner  of  expense  and  inspection  of  contract 

work.. . . 74 

monthly,  of  commissioner  of  public  works 75,  76 

of  police  of  violations  of  contracts 76 

certificate  of  completion  of  contract 76,  114 

of  clerk  of  police  justice  to  council 80 

of  treasurer  to  mayor  and  finance  committee 85 

.survey  and  estimate  of  engineer  for  sewers 119 

of  commissioner  on  opening  streets  to  council 128 

of  clerk  to  .supreme  court  in  street  openings  132 

annual,  of  board*of  education 135 

of  board  of  education  to  superintendent  of  public  in- 
struction  137 

monthly,  of  chief  engineer 145,  146 

(juarterly  and  annual,  of  fire  marshal 150 

monthly,  of  chief  of  police 179 

monthly,  of  clerk  of  municipal  court 205 

of  commissioners  of  appraisal  for  water  board 214 

appeals  from,  of  commi.ssioners  of  appraisal 215 

of  water  board  to  council 225,  226 

of  inspectors  of  plumbing . 236 

of  tru.stees  of  police  pen.sion  fund 244 

(juarterly,  of  pound  keeper 251 

of  clerk  and  treasurer  of  cemetery'  accounts 262 

monthly,  of  d(ig  catcher 271 

of  new  buildings,  by  policemen 291 

of  chief  of  police,  to  board  of  health 299 

of  weigher  of  hay 314 

of  pawnbrokers  daily  to  chief  of  ])olice 3.45 

of  chief  engineer  of  violations  to  cor])oration  counsel  349 
of  examiner  of  weights  and  measures  to  chief  of  ])()li('e,  387 

(juarterly,  of  wood  measurer 390 

of  city  treasurer  of  sale  of  water  bonds 413 

annual,  to  council  of  officers  and  boards 419 

RESOLUTIONS,  (ordinances, ) 

pas.sage  of,  by  council  and  veto,  by  mayor 45,  .46,  66 

city  treasurer  to  keej)  record  of  bond 62 

for  expenditure  of  money,  how  ])assed 66 

of  council  on  opening  .streets,  j)ublished  and  .served.  127,  128 

REVOLVERS,  (council,  ])ublic  ])eace,) 

})erniits  to  carry 243 

discharging  of,  prohibited 279 

carrying  of,  4)rohibited 33J 


484 


INDEX. 


PAGi;. 

RIOTS,  ( council,  public  peace,  fire. ) 

powers  of  council 55 

penalty  for  causing  in  streets 329 

RUBBISH,  (council,  nuisances,  streets,  ) 

power  of  council  51 

from  new  buildings  must  be  removed 154,  155,  373 

depositing  on  sidewalks,  gutters  and  streets,  prohibited, 


transported  in  tight  conveyances 381 

RULES  AND  REGULATIONS,  (council,  departments,) 

of  council,  how  passed 45 

mayor  not  to  veto  rules  of  government  of  council 45 

powers  of  council  to  pass 47-60  64 

penalties  for  violating 65 

co])ies  of,  of  council 65 

of  fire  department,  how  made  142 

of  police  department,  how  made .* 182 

of  practice  in  municipal  court,  how  made 198 

of  water  board,  how  made 226 

of  plumbing,  how  made 237 

of  ninth  ward  cemetery,  how  made 241 

of  police  pension  fund,  how  made 248 

of  cart  stands,  how  made 258 

of  cemeteries,  how  made  260 

regulations  of  hackmen,  to  be  kept  in  view 308 

failure  of  policemen  to  obey  352 

for  porters  and  runners  at  depot 356 

of  hose  attachments  to  city  water  works 397 

SALARIES,  (departments,  officials,) 

])ower  of  council  over 53,  81,  92 

mayor 67 

mayor's  clerk 68 

commissioner  of  public  works  and  assistants 73 

])olice  iustice 78 

])olice  justice’s  clerk 79 

overseer  of  ])oor  and  assistant 83 

assessors 89 

aldermen  92 

commissioners  of  a])])raisal 129 

superintendent  of  schools,  fixed  by  board  of  education,  134 

members  of  fire  department.  144 

fire  marshal 146 

])olicemen 179 

chief  of  ])olice  179 

captain  of  night-watch 180 

detectives 180 

judges  of  municipal  court 205 

clerks  of  iminici])al  court 205 

of  ])lumbing  board 232 

])0\ver  of  ])()lice  board  over,  of  c'lerk 2.|5 


INDKX. 


I’AGi:. 

SCALl’KRS,  (council,  markets,) 

council  to  rej^ulate  and  license 57 

vSCIIOOL  BONDS,  (board  of  education,  bonds,  council,  ) 

authority  to  issue 414 

how  signed ' 414 

amount  of 414 

when  payable  and  amount  of  interest 414 

sales  of 414 

record  of, ...  414,  415 

deposit  of  proceeds  of 415 

warrants  on  proceeds  of 415 

])roceeds,  how  used 41 5-4 1 7 

Tompkins  street  school 415 

twelfth  ward  school 415 

Clinton  .school. 416 

nineteenth  ward  school 416 

Ba.ssett  school 416 

Prescott  .school  mortgages 417 

Putnam  school  contract 417 

transfer  of  unexpended  balances 417 

tax  for  principal  and  interest  on  bonds 417 

first  payment  of  principal 417 

vSCHOOD  COlNIMIvSvSIONERvS,  (board  of  education,) 

vSCUTTLEvS  AND  STAIR WAVvS,  (Iniildings,  fire,) 

buildings,  to  have 162,  168,  169,  170  290 

vSEWERAClE,  (council,  sewers,) 

survey  for  system  of 96 

conformity  to  system 120 

nece.ssar}^  changes 120 

beyond  city  line, 121 

SEWPIRS,  (council,  highways,  streets,) 

juri.sdiction  of  council I9,  51,  63,  64,  iii 

powers  of  commi.ssioners  of  highways 66 

engineer  to  establish  grade  of 72 

commi.ssioner  of  ])ublic  works  to  su])ervise  re])airs  of. . . 74 

commissioner  of  public  works  to  ins])ect 75 

annual  a])pro])riation  for 95,  407 

to  be  made  into  a system  96 

l)etition  for,  mode  of  ])rocedure 1 1 2 

objections  in  writing 113 

local  i!n])rovenient  bonds 114 

construction  of 118,  122 

council  to  cleclare  its  intention  to  construct ri8 

e.stiniate  and  .survey  made  by  city  engineer i 19,  120 

council  to  cau.se  notices  to  be  .served  1 19 

])ublication  of  notices  of 119 

objection  to  proposed  con.struction  of  119 

when  two-thirds  vote  necessary  to  construct, 120 

cost  of  construction  and  how  collecte<l 120 

city’s  share  in  as.sessments 120 


4S6 


INDEX. 


rA(;E. 

vSKWERS,  (council,  highways,  streets,) 

construction  of  two-foot  sewers 120 

system  of 120 

necessary  changes  in  sewerage  system 120 

beyond  city  limits 121 

construction  of  inlets 126 

as  a nuisance,  prohibited 324 

contents  not  to  be  removed  without  permission 329 

connecting  with 374 

city  not  liable  for  damages 374 

signal  lights  on  excavation  for 3S2 

SEXTONS,  (cemeteries,  council,  city  treasurer,) 

appointment  of 41,  92,  260 

powers  of  council 57 

duties  of,  in  first  ward  cenieter}’ 560 

duties  of,  in  Rose  Hill  cemetery 260 

enforced  ordinances  and  regulations 260 

not  be  an  undertaker 261 

have  cemetery  map  and  list  of  lots 261 

.sell  lots  and  i.ssue  certificates 261 

fees  for  lot  certificate 261 

re])ort  to  common  council  annually 262 

fees  for  digging  graves 263 

vSII.VDE  TREEvS,  (council,  .streets,  ) 

council  to  order  and  regulate  planting,  etc 59,  366 

. penalty  for  injuring 263,  337,  37S 

hitching  of  horses  to  forbidden 263,  366,  37.S 

not  to  climb  to  catch  or  injure  birds  or  nests 33(S 

SHEEP,  (animals,  impounding,) 

council  to  regulate  impounding  of 37 

not  to  run  at  large ...  250 

fees  for  impounding 250 

SHROUDS  AND  GRAVE  CLOTHES,  ( exhil)itions,  ) 

undertakers  not  to  exhibit  in  windows 277 

SHUFFLE  BOARDS,  (gambling,)  _ 

penalty  for  keeping  and  maintaining 274 

SIDEWALKS,  (council,  .streets,) 

jiiri.sdiction  of  council . .48,  50,  52,  53,  59,  60,  66,  in,  124 

commissioners  of  highways  and  their  powers 66 

city  engineer  to  e.stabll.sh  grade  of 72 

city  engineer  to  kee])  record  of 72 

commissioner  of  public  works  supervi.se  re])airs  aud 

cleaning  of 74,  75 

comnii.ssioner  of  ])ublic  works  to  inspect 75 

])etition  for • 112 

.service  of  notice  of  pro])osed 112 

contents  of  notice  and  when  .served 112 

objections  in  writing 113 

two-thirds  vote  recpiired  when 113 


INDKX. 


I’AGK. 

vSIDRWAIvKS,  (council,  streets,) 

assessors  to  certify  to  petitions  for t 13 

commissioner  of  public  works  to  certify  completion  of.  1 14 

council  to  direct  assessment  for 115 

manner  of  assessment  for 115 

council  to  hear  appeals 116 

collection  of  assessments  for 117 

construction  and  repair  of 1 18,  124 

council  to  construct  under  contract 123 

action  of  council  to  construct 124 

notices  of  action,  and  how  served 124 

])enalty  for  neglect  or  refusal  to  repair 124 

two-thirds  vote  of  council  necessary  to  vote  new 124 

duty  of  owners  to  clear  all  obstructions  from 125,  362 

duty  of  owners  to  repair 125 

]iowers  of  commissioner  of  public  works  to  clean  and 

repair 125 

method  of  service  of  notice  of  repair 123 

commissioner  of  public  works  to  make  statement  to 

owner 125 

affidavit  of  expense  of  repair  to  be  filed 126 

repairs  to  correspond  to  original  work 126 

grade  to  be  fixed  or  approved  by  council  or  engineer.  . 126 
])rovide  new,  if  original  obstructed  by  new  building.  . . 154 

liability  of  city  from  defective 190 

garbage  receptacles  not  to  be  placed  on 296 

gunpowder  to  be  placed  on  when 302 

fish  market  on  320 

foul  substances  not  to  be  discharged  on 325 

offensive  subshinces  not  to  be  deposited  on 326,  375 

unlawful  crowds  on 329 

ringing  of  gongs  and  bells  on,  forbidden 332 

coasting  on,  forbidden  without  permission 332 

carrying  placards  on 333 

])etroleum  not  to  remain  on 348 

grass  and  weeds  along  must  be  cut 362,  363 

horse  and  vehicle  not  to  obstruct 363 

penalty  for  non  compliance 363 

not  to  be  obstructed  by  hand  carts  or  wheelbarrows. 363,  364 

auction  on,  forbidden  364 

sawing  or  splitting  wood  on,  forbidden 364 

mixing  or  temporing  mortar  on,  forbidden 364 

currying  or  cleaning  horses  on,  forbidden 364 

cleaning  or  greasing  wagon  on,  forbidden 364 

stones,  casks,  boxes,  etc  on,  forbidden 364 

obstructions  to  be  impounded 364 

wooden  awnings  prohibited  without  permission 364 

loading  and  unlotiding  goods  by  merchants 364 

cloth  and  other  awnings,  heighth  above  365 

goods  not  to  be  sus])ended  .so  as  to  obstruct 365 

]danting  shade  trees  near 366 

permis.sion  reqvured  to  dig  acro.ss 366 

stairs  not  to  be  erected  without  ])ermit 367 


488 


INDKX. 


pa(;k. 

vSIDHWALKS,  (council,  streets,) 

projecting  signs  on 367 

teams  not  to  be  driven  on  367 

permit  required  for  hucksters  stands  on 368 

bicycles  on  must  be  registered  with  bells 368 

bicycles,  etc.,  prohibited  on  certain 369 

rate  of  speed  of  bicycles  on ....  369 

permits  to  ride  bicycles  on 371 

ol)strnctions  not  to  occupy 381 

erection  of  poles  in 383 

hand  bills  and  posters  not  to  be  thrown  on 403 

vSIGNAh  LIGHTS,"  ( streets, ) 

penalty  for  interfering  with 382 

opening  in  streets  must  be  guarded  by 394 

vSIGNS,  (council,  streets,) 

council  to  regulate  use  of  in  streets  52,  367 

vSIGN-BOARDS,  (council,  buildings,  streets,) 

council  to  regulate  height  of . . . 283,  367 

advertising  boards  not  to  be  carried  without  permission  333 

vSIGN-POSTS,  (council,  streets,) 

council  to  regulate  use  of  streets  for 52,  367 

SINKS,  ( board  of  health,  health  inspector,) 

power  of  council  over 53 

liealth  officers  to  inspect  and  cause  to  be  cleaned 316 

SKATING  RINKvS,  (council,  exhibitions,) 

license  for 275 

fire  escapes  to  be  provided 284,  285 

SLAUGHTER  HOUSEvS,  (abattoirs,  council,  nuisances,  ) 

power  of  council 52 

not  to  be  erected  without  permission 325 

SLEIGH  BELLS,  (bells,  council,  streets,) 

penalty  for  driving  without 333 

power  of  council  over 55,  58 

SLIPS,  ( council,  highways,  streets, ) 

juri.sdiction  of  council 51 

SLUNG  vSHOT,  (council,  offences  against  public  peace, ) 

carrying  of,  prohibited 331 

SMALIv  POX,  (council,  board  of  health, ) 

]K)wer  of  council  over 35 

public  vehicles  to  be  fumigated 310 

vSNOW  AND  ICE,  (council,  railroads,  streets,  sidewalks,  ) 

power  of  council  over  removing  of 52 

duty  of  commissioner  of  public  work.^j 75 

owners  to  keep  .sidewalks  and  gutters  free  of 125 

snow-balling  forbidden  354 

railroad  com])anies  to  remove 358  ^ 

removed  from  sidewalks  and  gutters 362 

])enalty  for  violation  of  ordinance 363 

use  of  .salt  to  dissolve,  regulatefl 383-385 


'INDICX.  4S9 

I’AciK. 

SOAP  BOILING,  (council,  streets,  nuisances,) 

]K)wer  to  council  over 52 

])nl)lic  nuisances  by 325 

SPKCIATv  POLICE,  (mayor,  police  commissioners, ) 

appointed  by  mayor  or  police  board 69,  ly.S 

authority  vested  in 69 

not  entitled  to  compensation  from  city 69,  179 

under  control  of  board  of  police  commission 69,  179 

SQUARES,  (conncil,  highways,  streets,) 


J lIIIoCIIL.  LlOll  01  4/)  o'o  0 5 

duties  of  commissioner  of  public  works 73,  74-75 

Syracuse  Water  Board  right  to  enter 2i(S 

goats  and  kids  not  allowed  in . 252 

fires  not  to  be  kindled  in  290 

hay  market  on  Hayniarket  Square 31 1 

loads  of  hay  not  to  stand  on . 311 

meat  and  poultry  not  to  be  sold  on,  exce])t  Clinton. 31S,  319 

grain  not  to  be  sold  on,  except  Hanover 319 

fruit  not  to  be  sold  on,  except  Clinton 320 

license  to  peddle  or  hawk  on 321,  322 

public  weigher  on  Clinton 322 

license  to  sell  milk  on 323 

playing  ball  on  or  flying  kites  on  forbidden 332 

])arading  or  assembling  on,  forbidden  without  ])ermis- 

sion 334 

playing  musical  instruments  on,  forbidden.  . . .• 335 

injuring  trees  on 337,  37S 

(lestroying  birds  or  nests 33<S 

building  materials  on  372,  373 

rubbish  not  to  be  thrown  on 375 

wood  on  Clinton  over  24  hours 375 

earth  not  to  be  taken  from 37.S 

injuring  lamps  on 379 

no  bnilding  allowed  on 3<So 

obstructions  on 381 

poles  not  erected  in,  without  ])ermi.ssion 383 

wood  market  on  Hayniarket  scpiare 388 

hand  bills  not  to  be  thrown  on  403 

SQUIBS,  ( fire  works,  ) 

discharge  of,  without  jiermission,  jirohibited 279 

STAGES,  ( council,  ])orters  and  runners,  ) 

council  to  license 55,  58 

conncil  to  license  runners  for 58 

licensing  of  and  regulations  for 306-311 

regulations  for  runners,  jiorters,  and  drivers  of 354-356 

detached,  not  to  be  left  on  streets 376 

STAIRS,  (buildings,  fire  marshal,  buildings,) 

power  of  council  over 59 

as  fire  escapes 169.  284 

stairways  in  certain  buildings 169 


490 


INDEX. 


I’AGK. 

STAIRvS,  (buildings,  fire  marshal,  buildings,) 

in  places  of  public  assenibh'.  170 

staircases  enclosed  in  fire-proof  walls 171 

stores  to  have  stairways 290 

outside,  not  to  be  erected  without  permission 367 

vSTALLIONS,  ( council,  public  peace, ) 

power  of  council  over 51 

penalty  for  indecent  exhibition  of 333,  419 


STATIONARY  ROIEERS  AND  ENGINES,  (buildings, 
fire  marshal, ) 

inspection  of 

power  of  council  over 

license  necessary  for  engineers  of 

houses  for 

floors  for 166, 

pipes  to 

walls  of  room  containing 


48 

5« 

48 

166 

293 

286 

293 


STEAMBOATS  AND  YACHTS,  (boilers,  council,) 


boilers  to  be  examined 48,  359 

inspector  to  be  designated  by  mayor [8,  359 

certificate  to  be  posted 360 

boilers  and  a])purtances  to  be  kept  in  repair 360 

expense  of  inspection  to  be  borne  by  owner 360-361 

passenger-certificate,  how  granted 360 


STIU’S,  (buildings,  council,  streets,) 

council  to  regulate  construction  of 59 

not  to  obstruct  sidewalks 367 


vSTONE  THROWING,  (council,  ]niblic  peace,) 


penalty  for,  and  snow  balling 334 

vSTOOrS,  (buildings,  council,  streets,  ) 

council  to  ])rohibit  or  regulate  construction  of 59 

not  to  obstruct  sidewalks 367 

STOYES,  ( buildings,  fire,  ) 

power  of  council  in  regard  to  58 

precautions  against  fire 163,  164,  165,  286 

STRAW,  (hay,  markets, ) 

council  to  regulate  ])lace  and  sale  of 56 

])recautions  against  fire 105,  286,  287 

market  for  designated 311 

fees  for  weighing 311 

loads  of,  where  to  stand.  ...  315 

not  to  be  thrown  on  streets 375 


STREbH'vS,  (buildings,  council,  highways,  sidewalk  ) 

])ower  of  council  over 47-64,  iii,  127 


council  to  license  and  regulate  .sales  011 [7 

council  to  light \~ 

overhead  wires  can  be  removed  imderground 48,  63 

council  to  regulate  u.se  of I8 

railroad  re([uired  to  place  flagmen  at  crossings  of |8 


INDKX. 


491 


vSTRKETvS,  ( buildings,  council,  highways,  sidewalk,) 

removal  of  ])oles  from 49 

commissioner  of  public  works  to  supervise  removal  from  49 

conduits  under,  by  order  of  council 49,  63 

encroachments  and  obstructions  on,  council  to  remove  50 

opening  of  street  surface  regulated  by  council 51 

council  to  open,  grade,  repair  and  pave 51 

council  to  regulate  numbering  houses  and  naming 51 

signs  for  names  of,  power  of  council 51 

depositing  ashes  and  garbage,  council  to  regulate 51 

cleaning  of,  council  to  regulate 52 

council  to  regulate  signs,  awnings,  hitching  posts,  etc..  52 
pavements,  crosswalks,  gutters,  council  to  regulate.  ...  52 

water,  gas  and  sewer  connections,  council  to  compel. . . 52 

exhibition  of  advertisements  in,  power  of  council.  . . . 53 

beggars  and  vagrants  in,  council  to  restrain  53 

peddlers,  hawkers,  venders  in,  power  of  council. 53 

intoxication,  etc.,  in,  power  of  council 54 

obscene  language  in,  power  of  council 34 

licen.se  of  cartmen,  hackmen,  etc.,  power  of  council.  ..  55 

council  to  regulate  carrying  dead  through 37 

.s])eed  of  engines  and  cars  through.  . 3<S 

]wojections  into,  power  of  council  over 39 

])revention  of  injury  to,  by  council 39 

cleaning  of,  by  owners,  council  to  regulate 39 

shade  trees  in,  to  be  ordered  and  regidated  bv  council.  39 
removal  of  obstructions  and  incumbrances  by  council. . 60 

encroachments  upon,  power  of  council 60 

removal  of  nui.sances  from 60 

powers  and  duties  of  commi.ssioners  of  highway 66 

city  engineer  to  establish  grade  of,  under  (Hrection  of 

council 72 

o])ening  of,  duty  of  engineer 72 

city  engineer  to  keep  record  of  surveys  and  ma])S  of  . . . 72 

duties  of  commi.ssioner  of  ])ublic  works  .73,  74,  73,  76,  77 

name  and  number  of,  on  asse.ssment  roll 90 

annual  appropriation  for  cleaning  and  repairing.  . . .93,  407 


])ower  of  council  over  macadamizing,  .sprinkling,  grad- 


number  nece.ssary  on  petition  to  im])rove 112 

owners  of  ])ro])erty  on,  notified  of  improvements 112 

ini])rovenients,  how  a.sses.sed 113 

council  may  order  gutters  or  sidewalk  on  one  side  of.  ..  ii(S 

con.struction  of  sewers  through  i i<S,  119,  122 

re-paving  and  re-macadamizing  of 121 

definition  of  jiavement. 121 

water  and  gas  pi])es  to  be  laid  before  jiaving 121 

city  engineer  and  commissioner  of  ])ubHc  works  to 

su])ervise  work  on . . 123 

.sewer  inlets  and  service  pipes  laid  before  jiaving  or  re- 


opening. widening,  altering,  .straightening  of i 27-132 


492 


INDEX. 


I’AC.K 

STRHETvS,  ( buildiii^^s,  council,  hii^hways,  sidewalk,) 

surveys  to  be  filed 127 

council  to  declare  intention  to  take  lands  for 127 

service  of  notice  of  improvements 128 

commissioners  to  appraise  damages 128 

duties  and  compensation  of  appraisal  commissioners,  1 28,  1 29 

commissioners  to  report  to  council 128 

appeal  and  subsequent  proceedings 129 

new  commissioners  may  be  appointed 130 

further  appeal  to  county  court 130 

assessment  of  damages 130 

payment  of  awards 132 

])rocednre  in  case  of  refusal  to  receive  awards  132 

right  of  way  of  fire  apparatus 145 

definition  of  foundation  wall ; 152 

excavations  on  line  of,  guarded 153 

enclosure  of  building  sites  on  traveled  154 

building  material  not  to  be  left  in 154 

liability  of  city  for  defective 190 

rights  of  water  board  in 218 

improving,  in  ninth  ward  cemetery 241 

impounding  animals  in  ...  250 

goats  and  kids  not  allowed  in 252 

tires  on  wagons  used  on,  regulated 259 

duties  of  sextons  in  cemeteries  as  to 260 

in  cemeteries  not  to  be  obstructed 263 

dogs  on,  must  be  licensed 269 

dogs  in,  impounded  270 

exhibiting  coffins  and  dead  bodies 277 

blasting  forbidden  without  permi.ssion  279 

chips  and  shavings  not  to  be  .scattered  in 288 

fires  not  to  be  kindled  in  without  ])ernii.ssiou 290 

garbage  receptacles  not  to  be  placed  in 296 

tran.sporting  gunpowder  in 302 

hack  stands  in 309,  310 

loads  of  hay  not  to  .stand  in  for  .sale  311 

sale  of  meat,  produce,  etc.,  in 318 

not  to  be  converted  into  markets 319,  320,  321 

license  nece.ssary  to  ])eddle  milk  in 322,  323 

penalty  for  depositing  offensive  substance  in  325,  326 

allowing  filth  to  flow  in  forbidden 325,  326 

contents  of  privies  not  to  be  tran.s])orted  through  with- 
out permission  . 329 

riot  and  disturbance  in 329 

penalty  for  immoderate  riding  or  driving  in 331 

ringing  of  bells  and  crying  auctions 332 

])enalty  for  ])laying  ball  and  flying  kites  in ^ 332 

])ublic  intoxication  in 333 

carrying  ])lacard.s  in,  forbidden 333 

])eualty  for  driving  sleighs  without  bells 333 

throwing  .stf)ne.s  or  snow  balls  in  forbidden 334 

])arade.s  in  forbidden  . 33.I 

playing  musical  instruments  in,  forbidden 335 


INDEX. 


493 


PACK. 

STREETS,  ( building.s,  council,  highways,  sidewalk,  ) 

penalty  for  injuring  trees  and  shrubbery  in 337 

injuring  birds  or  nests 338 

petroleum  not  to  be  left  on 34S 

police  to  disperse  idle  people  on 353 

rate  of  speed  of  cars  on 357 

blockading  streets  by  railroad  trains  or  street  cars  for- 
bidden  357 

removal  of  snow  from  by  railroad  company  358 

street  cars  not  to  obstruct  crossings  of 359 

detached  cars  not  to  be  left  on 359 

owners  on,  to  keep  sidewalks  and  gutters  clean 363 

crosswalks  not  to  be  obstructed 363,  364 

regulations  as  to  signs  in 367 

hitching  posts  on  line  of 367 

bicycle  riding  on,  regulated 368,  369,  370,  371 

hucksters  stands  on,  license  required 368 

building  materials  not  to  be  placed  in,  without  ])erniit.  372 

space  to  be  occu])ied  with  building  materials 373 

pernii.ssion  to  use  may  be  revoked 373 

consent  required  to  dig  in 373 

safeguards  required  around  open  trenches  . .374,  375,  394 

laying  water  pipes.  ...  374,  394 

work  to  be  done  in  satisfactory  manner 374,  395 

depositing  rubbish  in,  ])robibited 375 

wood,  etc.,  not  to  stand  longer  than  24  hours  in  Clin- 
ton .square 375 

vehicles  detached  not  to  remain  in 376 

vehicles  detached  found  in,  impounded 376 

fences  in,  removed. 376,  377 

projecting  buildings  to  be  removed 377 

penalty  for  ob.strncting  crosswalks 378 

removal  of  earth  from 378 

horses  to  be  .securely  hitched  in ...  378 

injuring  trees  in 378 

penalty  for  de.stroying  lamps  and  j)osts 379 

drawing  water  from  hydrants  forbidden 379,  392 

])enalty  for  molesting  or  injuring  hydrants 379 

])enalty  for  erecting  olxstriictions  in  380,  381 

])ower  of  comniis.sioner  to  remove  buildings  in 380 

transporting  earth,  etc.,  through 381 

must  be  in  tight  conveyances 381 

.sprinkling  crosswalks  forbidden 382 

.signal  lights  not  to  be  di.sturbed 382 

telegra])h  poles,  etc.,  not  erected  without  ])ermission.  . 383 

jmtting  salt  on  without  permission,  penalty 383 

right  of  street  railroads  to  u.se  .salt  on 384 

wood  not  to  be  .sold  except  on  Ilaymarket  .scpiare 388 

water  ])ipes  in,  to  be  laid  by  permit  of  water  board.  . . . 391 

rubbisli  must  be  removed  from 395 

bills  and  po.sters  not  to  be  thrown  on 403 

bitch  in  heat  not  to  run  at  large  in 419 


494 


INDEX. 


PAGE. 

STREET  CARS,  (council,  crosswalks,  streets,) 

jurisdiction  of  council  over 48,  58 

rate  of  speed  on  streets 357 

companies  to  remove  snow 358 

stopping  on  crosswalks 359 

detached,  not  to  be  left  on  street  359 

STREET  PARADES,  (council,  public  peace,) 

forbidden,  without  permission 334 

vSTREET  sprinkling,  (council,  crosswalks,  streets,  ) 

jurisdiction  of  council iii 

local  assessments  therefor iii 

sprinkling  crosswalks 382 

use  of  hydrants  for 391,  392 

liability  of  persons  using  hydrant  for  damages 392 

STREET  vSTROLLING,  (council,  prostitution,) 

penalty  for 273 

SUNDAY  OBSERVANCE,  (public  peace,) 

sale  of  goods  and  papers 334 

pawnbrokers’  office  closed 345 

SUPERINTENDENT  OF  FIRE  ALARM  TELEGRAPH, 

( fire  department, ) 

salary  and  duty  of 144,  150 

SUPh:RINTP:NDANT  OF  STREIvTS,  (commissioner  of 
public  works, ) 

duties  performed  by  commissioner  of  public  wprks. . 74,  75 

office  abolished 77 

SUPERVLSORS, 

elected,  how 38,  93 

tie  vote  for  and  vacancies.  . 43 

assessments  and  assessment  rolls 84,  86,  90 

bond  of  city  treasurer  to,  how  approved. 84 

powers,  authority  and  compensation 93 

SUPPLEMENT  OP'  1894 405-420 

SWIMMING,  (bathing,  council,) 

council  to  regulate  and  prohibit 57,  254 

council  to  establish  public  baths 57 

SWINE,  (animals  and  impounding, ) 

council  to  regulate  impounding  of 57 

fees  for  im])ounding  of 250 

vSWING  AND  HOIST  BRIDGES,  (council,  highways,  ) 

penalty  for  entering  or  cro.ssing,  after  signal 256 

SWORD  OR  SPEAR  CANE  (offences  against  ])ublic 
peace,) 

carrying  of,  prohibited 331 

TALLOW  CHANDLPvRS,  (])ublic  health,) 

])ublic  nuisance  by 325 


INDEX. 


495 


TAXES,  (assessments,  city  treasurer,  council,  ) 

authority  of  council  to  levy 47,  51,  53,  94,  iii,  407 

bond  of  city  treasurer  for  county  taxes  to  be  collected.  84 

duties  of  city  treasurer  as  to  receipts  from 85,  86 

county  collection  of 86 

notice  of  unpaid  county  tax  by  treasurer 86 

notice  to  non-residents  87 

f ees  for  collection ■ 86,  87 

sale  of  property  for,  by  auction 87,  88 

duties  of  assessors 88-91 

city,  for  wdiat  purpose  94,  95,  407 

amount  of  annual  tax  levy 408 

bow  assessed 96,  97 

applied  only  for  specified  purposes 97 

liability  of  council  for  misappropriation 97 

fees  for  collection  of  city 98 

notice  of  unpaid  city  taxes,  bow  given 98 

collection  of  unpaid  city,  bow  made 99-102 

service  of  said  notice  of  unpaid  city 99 

])roceeding  relative  to  unpaid  taxes 99 

revision  of  tax  rolls  by  assessors . . 100 

notice  of  completion  of  revision  and  time  to  bear  griev- 
ances   100 

copy  to  be  filed  with  county  clerk  100 

copy  retained  and  fees  added loj 

fees  for  collection  of  unpaid  taxes 101 

proceedings  to  collect  aforesaid 10 1 , 102 

advertising  and  sale  of  real  estate 101-102 

expenses  of  sale  for  city 101 -102 

time  and  conditions  of  sale 102 

certificate  of  sale 102 

proceedings  after  sale 102 

tax  certificate 102 

redemption  of  property 103 

removal  of  occupant . 103 

expiration  of  redemption  period 104 

bow  property  may  be  redeemed  103,  104,  105 

notice  given  by  ])urcba.ser kj4 

surplus  money  in  tax  sale 105 

conveyance  by  treasurer 105 

council  to  reimburse  for  irregidarity  106 

suit  to  recover  uni)aid  city  taxes 106 

local  assessments  governed  by  laws  of  city 107 

correction  of  errors  by  council 107 

council  renew  warrant 108 

reassevssment  of  taxes 108 

council  may  refund 108 

period  of  tax  lien.  ...  108,  1(^9 

council  may  make  additional,  for  local  work 108 

money  for  school  purpo.ses,  bow  levied 138,  139 

for  principal  and  interest  of  school  bonds I17 


496 


INDEX. 


PAGE. 

TELEGRAPHS,  (council,  telephone,  streets,) 

wires  may  be  caused  to  be  removed  underground ...  48,  63 

council  to  regulate  poles  50,  64 

fire  alarm 150 

wires  not  interfere  with  fire  alarm  telegraph  278 

poles  and  wires  not  erected  without  permission 383 

TELEPHONES,  ( telegraph, ) 

wires  may  be  caused  to  be  removed  underground . . 48,  63 

council  to  regulate  poles 50,  64 

wires  not  to  interfere  with  fire  alarm 278 

poles  and  wires  not  erected  without  permission 383 

TENEMENTvS,  (council,  health  department,) 

council  to  see  to  safety  and  comfort  of 54,  58 

definition  of 152 

rules  governing  construction  of 1 55-173 

hall  partitions  in  158 

fiat  roofs  of 161 

fire  escapes  required 167,  172,  284 

stairway,  partitions  in  169 

combustible  materials  not  to  be  stored  in 172,  173 

when  brick  wall  required 173 

heighth  of  ...  173 

wooden,  in  first  district 173 

wooden,  in  second  district 174 

siippression  of  nuisances 316 

jurisdiction  of  board  of  health  of  overcrowded 328 

THEATRES,  (buildings,  fire  marshal,) 

jurisdiction  of  council  over  construction  of 58,  59 

regulations  for  construction  of  154-175 

walls  of 156,  157 

brick  piers  and  columns 159 

floors,  beams  and  rafters r6o 

roofs  and  floors  161 

lire  e.scapes  required 167,  284 

stairway  partitions 169,  170 

stairs  ami  exits 170 

exit  doors  open  outward 171 

stand  pipes  in 171 

inclosed  staircases 171 

wall  between  .stage  and  audience  room 172 

THEATRICAL  REPREvSENTATIONvS,  ( exhibitions, ) 

juri.sdiction  of  council 53,  54 

licen.se  required 275 

exenq)tions  from  license 276 

immoral  plays  forbidden 276 

duty  of  police  to  attendants  at 353 

'rRUCKMEN,  ( cartmen, ) 

undertakers,  (council,  exhibitions,) 

])owers  of  conncil  to 57 

city  .sextons  shall  not  be  281 


INDEX. 


497 


I'ACK. 

UNDERTAKERS,  (council,  exhibitions,) 

not  allowed  to  exhibit  coffins  in  windows 277 

bodies  of  dead  persons  not  exhibited  by 277 

penalties  for  non-compliance 277 

certificate  of  death  delivered  to 351 

VACANCIES,  (council,  departments,) 

supervisor  or  alderman,  how  filled 43 

when  filled  by  council 43 

when  filled  by  mayor 43 

police  justice,  how  filled 77 

justice  of  peace,  how  filled 79 

commissioner  of  deeds,  how  filled Si 

superintendent  of  schools 134 

fire  commissioner,  how  filled 142 

police  commissioner,  how  filled 176 

municipal  court  judge 194 

water  commissioner 207 

plumbing  board 230 

trustees  of  ninth  ward  cemetery 241 

wood  measurer,  how  filled 390 

VAGRANCY,  (council,  beggars,) 

power  of  council 53 

penalty  for 419 

VAULTS,  (council,  board  of  health,  buildings,) 

power  of  council  to  regulate  depositing  ashes,  etc.  in.  . 51 


health  officer  to  inspect 316 

as  nuisances,  prohibited 324 

contents  not  to  be  removed  without  permission 329 

VEGETABUEvS,  (council,  markets,  streets,) 

jurisdiction  of  council  of  sale  of 56,  57 

sale  of,  on  bridges  prohibited 255 

market  for  sale  of,  regulations  of 319-322 

decayed  not  to  be  thrown  in  streets 326 

VESSELS  CONTAINING  GUNPOWDER,  (buildings, 
council,  fire,) 

assigned  ])laces 2.S9 

penalty  for  non-comj)liance  witli  regulations 290 

VETO,  (mayor, ) 

by  mayor,  and  proceedings  thereon 45,  46 

VITAL  STATlSTICvS,  (council,  board  of  health,) 

council  to  regulate  form  of  record  of 57 

WAGON  TIRES,  (council,  streets,) 

vehicles  carrying  4,{X)0  lbs.,  4-inch 259 

vehicles  carrying  3,cxx)  lbs.,  3-inch 259 

violations  of  ordinance 259 

WALLS,  (council,  buildings,  streets,  ) 

authority  of  council  over  conslnu'liou  of 5.S 

:i’4 


49« 


INDEX. 


PAGE. 

WADES,  (council,  buildings,  streets,) 


power  of  fire  marshal  as  to  unsafe. 148.  149 

construction  of,  rules  for 152-159,  169-173 

outside  and  party,  within  fire  limits  to  be  of  brick  or 

stone , 173 

fire  marshal  to  inspect 291 

duties  of  chief  engineer  as  to  unsafe 294 

WARDS,  (boundaries,  city  limits, ) 

boundary  of  first 29 

boundary  of  second 29 

boundary  of  third 30 

boundary  of  fourth 30 

boundary  of  fifth 31 

boundary  of  sixth 31 

boundary  of  seventh 32 

boundary  of  eighth 32 

boundary  of  ninth 33 

boundary  of  tenth 33 

boundary  of  e’eventh.  . 33 

boundary  of  tw^elfth 33 

boundary  of  thirteenth 34 

boundary  of  fourteenth 34 

boundary  of  fifteenth 35 

boundary  of  sixteenth 35 

boundary  of  seventeenth 36 

1)Oundary  of  eighteenth 36 

boundary  of  nineteenth 37 

election  of  officers  of 37,  92,  93 

officers  of 38 

duties  of  officers  of 92-94 

WAThd-l,  (council,  streets,  water  l)oard,) 

power  of  council  to  su])])ly  city  with 47 

])ower  of  council  over  laying  mains  for 51 

authority  of  council  over  cisterns 54 

authority  of  council  over  public  baths  and  swimming..  57 

annual  a])propriation  for  water  95 

laying  service  ])i])es  before  ])aving  to  mains 126 

Hoard  of  Commissioners 207-229.  390-398 

bathing  in  public.  254-255 

garbage  wagons  to  be  water-tight 297 

health  officer  to  dniin  stagnant 316 

not  to  be  drained  on  other  lands 326 

stagnant,  not  to  remain  under. penalty 327 

])ollutions  of  ])ublic 32S 

use  of  In'drants 379 

laying  of  service  ])i])es  to  mains 390,  391 

use  of  hydrants  by  sprinkling  carts 391 

city  ])ipes  not  allowed  to  rnn  to  ])revent  freezing 393 

disturbing  curb  cocks  and  meters 343,  396 

automatic  fire  extinguishers 394 

access  to  meters  396 

not  to  be  turned  on  and  .supplied  to  neighbors 396,  397 

hose  attachments,  regulations  for 397,  398 


INDKX.  499 

I'AGK. 

WATER  HOARD,  (water,  water  bonds,  ) 

water  coniniissioners,  appoiiitinent  of 207 

(jualifications  and  terms  of  office  of  commissioners.  . . 207 

vacancies,  how  filled 207 

organization  of  board 208 

appoint  secretary 208 

record  of  organization 208 

maintain  system  of  water  works • 208 

purchase  of  lands,  waters,  &c 208 

work,  may  contract  for 209 

may  acquire  franchises  of  corporations 209 

title,  how  vested 209 

enter  upon  lands,  make  .surveys,  etc.,  209 

board  may  acquire  property  or  franchises 209 

appraisal  commissioners,  appointment  of 210,  213 

statements  in  petition  therein 210 

petition,  how  served 210,  21 1 

.service  upon  infants,  idiots,  etc 2 1 1 

.service  in  other  cases  212 

guardians,  committees,  etc.,  appointment  by  court  and 

duty  of 212 

unknown  persons,  rights  of,  how  ])rotected  212 

proceedings  on  petition,  etc 212 

official  powers  and  duties 213 

report  of  proceedings  of  commissioners 214 

com])ensation  of  commissioners 214 

change  of  ownership 214 

notice  of  confirmation  of  report 214 

action  of  court 215 

order  of  court,  how  recorded 215 

right  to  enter  and  u.se  lands,  etc  215 

title,  how  ve.sted 215 

a])peals  from  report  of  commi.ssioners 215 

proceedings  upon  appeal 215 

.second  report  of  appraisers  final 215 

effect  of  appeals 216 

awards,  payment  of,  in  certain  ca.ses 216 

apprarsals,  ])ower  of  court  to  give  effect  to 216 

further  powers  of  court  on  apprai.sal  217 

may  enter  into  contracts 217 

proposals  to  be  advertised  for 217 

contracts  to  be  let 217 

right  to  reject  bids 217 

contract,  how  filed 217 

not  to  be  intere.sted  in  contract 218 

use  of  streets,  etc.,  by 218 

restore  .streets  to  former  state 218 

take  water  from  Skaneateles  lake 218 

storage  capacity  of  lake,  increase  of 218 

work,  how  executed 219 

dam,  etc 219 

gate  house,  location  of 219 


indp:x. 


500 

WATER  BOARD,  (water,  water  bonds, ) 

flow  of  water  may  be  stopped 219 

rights  of  city 219 

extinguishment  of  water  rights 220 

state  to  be  saved  harmless 220 

power  of  city  to  acquire  property 220 

maps,  etc.,  to  be  taken  and  filed 220 

amended  maps 220 

requisition  for  issue  of  bonds 41 1 

issue  of  bonds  by  mayor  and  council 41 1 

bonds,  when  payable  41 1 

interest  on  bonds 412 

])roposals  for  purchase  of  bonds 412 

acceptance  thereof 412 

delivery  to  purchaser 412 

valid  city  obligations 412 

water  fund 412 

payments  therefrom : 412 

transfer  of  funds 413 

deposits  with  banks,  etc 413 

duties  of  city  clerk  and  treasurer  thereto 413 

proceeds  from  sale  of  bonds 223 

water  rates,  how  fixed 224 

deposit  of  income 224 

collections  for  water  and  income,  how  applied 224 

surplus,  how  applied 224 

incuring  obligations 224 

actions,  how  brought  by 225 

personal  liability  of  commissioners 225 

records  of  board  open  to  inspection 225 

report  to  council  annually,  and  oftener  if  required 225 

water  works  record,  how  kept  by  city  clerk 226 

record  to  be  kept  by  city  treasurer 226 

by-laws,  etc  , of 226 

special  city  election 227 

form  of  ballots 227 

inspection,  their  duties 227 

certificate  of  result,  how  filed.  227 

laws  applicable  to  election 227 

registration,  laws  ap])licable  thereto 227,  22<S 

ballots,  how  distributed 22<S 

city  clerk  to  publish  and  post  notice  of  22(S 

act,  when  to  take  effect 229 

employees  of,  to  make  connections  with  mains 390 

])ermi{  from,  to  open  streets  to  make  water  connection..  391 

])lumbers  in  enqfloy  of  391 

power  of,  over  sprinkling  carts 391 

])ermit  from  to  disturb  hydrants 392 

damages  to  hydrants  to  be  paid  to 392 

to  be  notified  of  damages  to  hydrants 392 

permits  from,  to  disturb  curb-cocks 393 

officers  and  agents  of,  to  have  access  to  premises 393 

regulations  for  automatic  fire  extinguishers 391 


INDEX. 


WATER  BOARD,  (water,  water  bonds, ) 

require  protection  of  openings  in  streets 394-395 

back-filling  to  be  inspected  and  accepted  1)y  395 

may  remove  refuse  from  street 395 

power  over  improper  work 396 

])erniit  to  disturb  meters 396 

agents  of,  permitted  to  examine  meters  396 

water  turned  off  by 396 

permits  from,  to  supply  neighbors 397 

regulations  of,  for  hose  attachments 397,  398 

WATER  BONDvS,  (water,  water  board, ) 

water  board  to  certify  to  mayor  and  council  for qr  r 

mayor  and  council  to  i.ssue 4 1 r 

liow  executed 411 

limitation  of  amount  of 41 1 

when  payable 4 1 r 

interest  on 412 

how  sold 412 

condition  of  delivery 412 

water  fund  from  proceeds  of 412 

valid  city  obligations  ; 1 2 

duty  of  city  clerk  as  to  resolution  of  council  for 413 

city  treasurer  to  report  sale  of 413 

proceeds  from  sale  of,  how  used  223 

water  works  record  of  city  clerk 226 

water  works  record  of  city  treasurer 226 

WATER  ELECTION,  (water,  water  board,) 

special  city  and  when  held 227 

form  of  ballots 227 

duties  of  inspectors 227 

certificate  of  result,  how  filed 227 

laws  ap])licable  to  election 227 

registration  for 227,  22S 

ballots,  how  di.stributed 228 

city  clerk  to  publish  and  post  notice  of  election.  . . .228  229 

WEIGHER  OF  HAY,  (lime,  markets,  .straw,) 

appointment  of 44,  92 

compen.sation  fixed  by  council 92 

fees  fixed  by  council 92,  3 1 1 

juri.sdictiou  and  duties  of 311,  312 

office  hours  and  weigh  notes 312 

reweighing  to  a.scertain  net  weight  of  loads 312 

weighing  vehicles 315 

endorsement  and  notes  of  314 

to  make  monthly  statement  to  city  clerk 314 

WIHGHTS  AND  MEASURES,  (council,) 

power  of  council 56 

appointment  of  examiners 44,  91 

l)enalty  for  not  sealing  and  marking 385 

duties  of  examiners  385,  386 

fees  and  how  fixed  91,  386 


502 


INDEX. 


PAGE. 

WEIGHTvS  AND  MEASURES,  (council,) 

penalties  for  neglect  or  refusal 387 

examiner  to  make  a register 387 

WHARVES,  ( council,  buildings,  streets,  ) 

power  of  council 51 

fires  not  to  be  kindled  on  without  permission 290 

WHEELBARROWS,  ( sidewalks, ) 

not  to  obstruct  sidewalks 363,  364 


WHISTLES  (council,  locomotives,  steamboats,) 
council  to  regulate  and  prohibit 

WOMEN,  ( elections,  schools,  ) 

may  be  elected  school  commissioners . . 

may  vote  for  school  commissioner 

ballot  for  

not  to  loiter  on  streets,  penalty 

not  to  don  man's  attire,  penalty 

WOOD,  ( council,  markets, ) 

power  of  council  to  regulate  sale  of 56 

precautions  against  fire 286,  287,  288 

not  to  be  placed  on  sidewalk  or  street 364,  372 

not  to  remain  longer  than  24  hours  in  Clinton  square  . 375 

place  designated  for  sale  of 388 

change  of  stand 389 

penalty  for  refusal  to  comply  with  regulations 389,  390 

fees  collectable 390 

WOOD  YARDS,  ( fire,  ) 

precaiitions  against  fire  287,  288 


39 

39 

39 

273 

276 


%, 


I 


; ’^r' 

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